Podcast Location:
Download it here [file size: 28.8 MB]
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 podcast is aimed at all practitioners who may be involved in litigation. It addresses the key procedural and legal tests that have to be met to obtain summary judgment in a claim or to succeed in striking out an opposing party’s statement of case. It will address the tactical and practical considerations as well as comparing and contrasting the two procedures as tools in litigation.

Outcomes:
After completing the course you will:
  • Understand what summary judgment is about;
  • Understand why one would make an application for summary judgment;
  • Know who can make an application for summary judgment;
  • Know the grounds to obtain summary judgment;
  • Understand what is meant by a ‘real prospect of success’;
  • Understand what compelling reason might knock out a summary judgment application;
  • Understand how a set-off or counterclaim affects an application for summary judgment;
  • Know in what kids of proceedings summary judgment is available;
  • Know when it is appropriate to make an application for summary judgment;
  • Understand the difference between summary judgment and default judgment;
  • Know the procedural steps in a summary judgment application and hearing;
  • Know what forms and documents need to be prepared to make a summary judgment application;
  • Know what the applicant’s evidence should deal with in the application;
  • Know what orders the court can make on a summary judgment application?;
  • Understand the purpose of strike out as a tool in litigation and the key differences between strike out and summary judgment;
  • Know who may make an application to strike out;
  • Understand the grounds on which strike out may be sought;
  • Understand the practical and tactical considerations when seeking to strike out a statement of case.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Practical Guide
Procedural
Sources and References:
  • CPR Part 3 and PD;
  • CPR Part 12 and PD;
  • CPR Part 23 and PD;
  • CPR Part 24 and PD;
  • CPR Part 32 and PD;
  • Addax Bank v Wellesley Partners [2010] EWHC 1904 QB;
  • Three Rivers District Council v Bank of England (No 3) [2001] 2 All ER 513.
Tags:

This podcast provides a practical and procedural guide to summary judgment applications and the court's power to strike out a statement of case. It addresses the key procedural rules, tactics and the evidential thresholds.

Podcast added: 03/02/12

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