Summary Judgment and Small Claims do not mix!

legal_updates

Claimants solicitors will see some benefit from the application after all in terms of fee income!

Author: Howard Tilney
Published:
Reading time: 1 minute

This article is 6 years old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

This week we have received an application for summary judgment from a Claimant despite the fact that the case was suitable for allocation to the Small Claims Track.

The grounds of the application under CPR 24 is that the Defendant has no real prospect of defending the claim. A bold statement to make at the best of times, not least on the facts of the case, which seeks to pre-empt and to some degree circumvent the Judgment of the Court.

Sensibly and entirely properly the Judge that considered the application on the papers allocated the case to the Small Claims Track and listed the matter for a Small Claims Hearing at which time the application for Summary Judgment will also be considered.

However, in the interests of justice, it is more likely than not that the Court will dispose of the matter in the usual way by way of a full hearing once all the evidence and the parties are before it and we anticipate that the Claimants application for summary judgment will ultimately prove ineffective.

Perhaps the Claimants solicitors will see some benefit from the application after all in terms of fee income!

Howard Tilney

Legal Advisor

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.