Podcast Location:
Download it here [file size: 38.7 MB]
Part of:
Putting the CPR into Practice CPD Training Bundle
Categories:
Civil Procedure
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast with barristers Emily Betts and Catherine Piercy from Hardwicke explains the practical application of the Civil Procedure Rules on Strike Out and Summary Judgment and will be of interest to junior and trainee solicitors.

It discusses the potential routes to summary judgment, the tests which are applied and key considerations practitioners should bear in mind when applying for strike out or summary judgment.

Outcomes:
After completing the course you will:
  • Understand what strike out and summary judgment involve and where the rules are in the CPR;
  • Know the best circumstances in which an application for strikeout or summary judgment can be made.;
  • Be aware of the test applied by the courts to assess an application for strike out;
  • Be aware of the test applied by the courts to assess an application for summary judgment;
  • Understand how the tests may be applied by the court;
  • Be aware of key cases which demonstrate the courts’ approach Know what practice directions to look at for further information;
  • Have considered practical points which may affect any application or response to an application for strikeout and summary judgment.
Level:
Beginner Difficulty: 1 of 5
Sources and References:
  • Civil Procedure Rule 3.4.2;
  • Rule 3.4.5;
  • Civil Procedure Rule 24.2;
  • Doncaster Pharamceuticals Group Ltd v Bolton Pharmaceutical Group Co 100 Ltd [2006] EWCA 661;
  • Barks v Instant Access Properties Limited & Ors [2013] EWHC 114 (QB);
  • Easyair Ltd v Opal Telecom Ltd [2009] EWHC 339;
  • Federal Republic of Nigeria v Santolina Investments;
  • Corporation [2007] EWHC 437;
  • Johnson v Gore Wood [2002] 2 AC 1;
  • Pantelli Associates Ltd v Corporate City Developments Number Two Ltd [2011] P.N.L.R 12 Practice Direction 3A – Striking Out a Statement of Case;
  • Raja v Van Hoogstraten [2006] EWHC 1315;
  • RGI International Limited and Synergy Classic Limited [2011] EWHC 3166 (Comm);
  • Wrexham Association Football Club Ltd v Crucialmove Ltd [2006] EWCA Civ237 CA.
Tags:

In this CPDcast, barristers Emily Betts and Catherine Piercy from Hardwicke provide a practical guide to the Civil Procedures on Strike Out and Summary Judgment for junior and trainee solicitors.

Date Recorded: 6th August 2013

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