Summary judgment: no real prospect and no other compelling reason for a trial (CPR 24.3 and 24.4)
Brennan Tiles Ltd supplied £62,000 of tiles to Marlow Fit-Out Ltd, which has not paid. Brennan issued a claim in the County Court and Marlow filed an acknowledgment of service, but has not yet filed a defence. Marlow's only stated reason for not paying is that its own customer has not paid it. The contract between Brennan and Marlow makes no reference to Marlow's customer, and Marlow accepts that the tiles were delivered and were of satisfactory quality. Brennan wants to end the claim quickly without a trial.
Which of the following best describes whether Brennan can obtain summary judgment?
Choose one answer to see the reasoning.
Worked answer
Correct answer E: Yes, if Marlow has no real prospect of defending it and there is no other compelling reason for a trial.
THE RULE TO REMEMBER
A claimant may apply for summary judgment once the defendant files an acknowledgment of service or defence; it is given against a party with no real prospect of success and no other compelling reason for trial.
Summary judgment: no real prospect and no other compelling reason for a trial (CPR 24.3 and 24.4)
Under CPR 24.3 the court may give summary judgment against a claimant or a defendant, on the whole of a claim or on an issue, if it considers that the party has no real prospect of succeeding on the claim, defence or issue and there is no other compelling reason why the case or issue should be disposed of at a trial. Under CPR 24.4(1) a claimant may apply once the defendant has filed an acknowledgment of service or a defence, unless the court gives permission or a rule or practice direction says otherwise. Marlow has filed an acknowledgment of service, so Brennan may apply now. Marlow admits delivery and quality, and the contract does not make payment depend on Marlow's customer paying, so its only stated reason for not paying is unlikely to give it a real prospect of defending the claim.
Why A is wrong: CPR 24.4(1) allows a claimant to apply once an acknowledgment of service or a defence has been filed.
Why B is wrong: Summary judgment is available against a claimant or a defendant (CPR 24.2, 24.3).
Why C is wrong: The test is no real prospect of success, not certainty of failure beyond reasonable doubt.
Why D is wrong: CPR 24.3 allows summary judgment on the whole of a claim or on an issue.
That's today's practice done. Another featured question tomorrow.
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A GOOD HABIT, DELIVERED
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