Orders

The Report on the Review of Civil Procedures

Part 15

Summary Judgment

Contents of this Part

Scope of this Part	Rule 15.1
Grounds for summary judgment	Rule 15.2
Types of proceedings for which summary judgment is available	Rule 15.3
Procedure	Rule 15.4
Evidence for the purposes of a summary judgment hearing	Rule 15.5
Powers of the court on an application for summary judgment	Rule 15.6

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Scope of this Part

15.1 This Part sets out a procedure by which the court may decide a case or part of a case without a trial.

Grounds for summary judgment

15.2 The court may give summary judgment on the whole or part of a claim or on a particular issue if it considers that -

(a) on an application by the claimant, the defendant has no realistic prospect of success on his defence to the claim, part of claim or issue; or

(b) on an application by the defendant, the claimant has no realistic prospect of success on the claim, part of claim or issue.

Types of proceedings for which summary judgment is available

15.3 The court may give summary judgment in any type of proceedings except -

(a) proceedings for redress under Section 14(1) of the Constitution; and

(b) proceedings for -

(i) judicial review; and

(ii) false imprisonment; and

(iii) malicious imprisonment; and

(iv) libel or slander.

(c) [multi party actions]

(d) claims against the State; and

(e) admiralty proceedings in rem; and

(f) probate proceedings.

Others? this needs to be reconsidered

Procedure

15.4 (1) Notice of an application for summary judgment must be served not less than 14 days before the date fixed for hearing the application.

(2) The court may exercise its powers without such notice on any case management conference.

(Part 11 contains general rules about applications.)

Evidence for the purpose of a summary judgment hearing

15.5 (1) The general rule is that no evidence other than that set out in or attached to a statement of case may be given without the permission of the court.

(2) Where a defendant applies for summary judgment before filing a defence, the application must be supported by evidence.

(3) If either party wishes to rely on a witness statement or other evidence which was not set out in or attached to a statement of case, he must

(a) file the evidence; and

(b) serve copies on any other party,

at least 7 days before the summary judgment hearing.

Powers of the court on an application for summary judgment

15.6 (1) The court may give summary judgment on any issue of fact or law whether or not such judgment will bring the proceedings to an end.

(2) Where the proceedings are not brought to an end the court shall also treat the hearing as a case management conference.

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