This guide outlines how to resolve commercial disputes.<\/p>\n <\/div>\n \n\nDownload Now<\/a> <\/section>\n <\/div>\n\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n
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- compelling need to have a trial, and\u00a0<\/li>\n\n\n\n
- real likelihood of success for the claim, issue or defence to the claim.<\/li>\n<\/ul>\n\n\n\n
How Do I Apply for a Summary Judgment?<\/h2>\n\n\n\n
In a commercial dispute, you may be either the claimant who made the original claim or the defendant defending yourself against it. In any case, it is possible to apply for a summary judgment. If you are a claimant, you can make an application for a summary judgment once the other party has either acknowledged the original claim or filed a defence. This is to allow them an opportunity to participate in the case and potentially challenge the court\u2019s authority, if appropriate. On the other hand, as a defendant, you can make an application for summary judgment at any stage of the case. Usually, however, the defendant would wait to do so during the first Case Management Conference<\/a> (CMC). Regardless of whether you are the defendant or claimant, it is best to apply as soon as possible and be ready to act fast.<\/p>\n\n\n\n
An application should only be made for relatively straightforward matters. In making a summary judgment, the court will not conduct a \u2018mini-trial\u2019. This means that if your matter is too complex or involves complicated legal issues, the court may not award judgment.<\/p>\n\n\n\n
1. Written Evidence<\/h3>\n\n\n\n
When you apply for a summary judgment, you need to include written evidence. This is to prove that the other party has no real chance of success in the case and that there is no compelling reason for the trial to go ahead. This written evidence will usually be a witness statement written by you. Usually, you will also attach a draft order detailing the order you wish the court ideally made.<\/p>\n\n\n\n
2. Issue Application<\/h3>\n\n\n\n
The next stage is to issue the application in court. You must pay the relevant court fee, and a hearing date will be set. The application will then need to be served on the other party. The other party will be able to respond to the application and serve their evidence in response. <\/p>\n\n\n\n
3. Lodge Further Evidence<\/h3>\n\n\n\n
If the other party puts in a response to your application, you can also respond to this with further evidence. You and the other party will then need to agree on a bundle of documents to be provided to the court. Following this on the day before your hearing, both parties must provide a skeleton argument. This is a summary of the argument you rely on. If you are looking to recover legal costs incurred during the application, you should also prepare a schedule of costs. This sets out the legal fees you have incurred and wish to recoup<\/a>. <\/p>\n\n\n
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\n \n Guide to Resolving UK Business Disputes<\/div>\n\n