header-logo header-logo

23 February 2024 / Dr Anil Balan
Issue: 8060 / Categories: Features , Procedure & practice , In Court
printer mail-detail

Summary judgment: a shortcut to justice?

160016
Summary judgment gets us there faster, but the slow route delivers better justice, says Dr Anil Balan. Is it time for clearer guidelines?
  • Summary judgement quickly and efficiently resolves lawsuits, but it needs to be balanced against the right to a fair trial.
  • This tension could be resolved with clear guidelines, which would improve transparency in summary judgment proceedings and strengthen appeal mechanisms.

Picture this: a lawsuit stretches on, mountains of paperwork piling up, costs soaring. But what if there was a way to cut through the noise and end weak claims quickly, saving time and money for everyone involved? Enter summary judgment under Pt 24 of the Civil Procedure Rules (CPR), a legal procedure that allows judges to rule on cases without a full trial if one party’s claim has no real prospect of success and there is no other compelling reason to have a trial, saving time and money for all involved. But like any shortcut, it raises concerns: does it trample on the fundamental right

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll