Civil Procedure Rule - ehehehehehe ehehehe eejeje ejejeje ejejeje ejejje ejeje ejeje eje e ejw w wjwj PDF

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 Civil Procedure Rule (CPR) 24.2 states that summary judgment may be awarded against a claimant or defendant on the whole of a claim or on a particular issue if the court considers that the party has no real prospect of success and there is no other compelling reason why the matter should be dealt with at trial.  In applying the CPR 24.2 test, the court must consider whether the claimant or defendant has a realistic (as opposed to a fanciful) prospect of success. In this context, ‘realistic’ means ‘with some degree of conviction’ or ‘more than merely arguable’ 

CPR Practice Direction 24 clarifies that, on any summary judgment application, the court may give judgment on the claim for either party; it may strike out or dismiss the claim; it may dismiss the summary judgment application itself; or it may make a conditional order. A conditional order can involve either party making a payment into court or giving security for costs, or it can require a party to take a specific step, failing which that party’s case will be dismissed or struck out. Conditional orders may be made where it is possible but unlikely that a case will succeed and so the CPR 24.2 test is met, but only just.

The test for setting aside a default judgment is set out in CPR 24. 2 (2) The court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if – (a) it considers that – (i) that claimant has no real prospect of succeeding on the claim or issue; or (ii) that defendant has no real prospect of successfully defending the claim or issue; and (b) there is no other compelling reason why the case or issue should be disposed of at a trial....