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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll