Jurisdiction(s):
United Kingdom

Key definition

Summary judgment definition

What does Summary judgment mean? A fast-track court decision on all or part of a claim without a full trial, used where the court can see promptly that one side has no real prospect of succeeding or defending; in some jurisdictions it also asks whether there is any other compelling reason for a trial. In England and Wales, summary judgment is governed by CPR Part 24. It is available to claimants or defendants on the whole claim or a discrete issue (including liability or a point of law). The court decides on written evidence (statements of case, witness statements and documents) and will not grant it...

Express terms under English law: incorporation, interpretation, onerous clause doctrine, click-wrap and ticket cases, battle of the forms, entire agreement and referential incorporation—key principles and authorities

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Practice notes

Express and implied contractual terms distinguished

Contractual terms may be either express or implied:

Express terms—provisions set out in a written contract or clearly stated in an oral agreement at the point of formation (and they may comprise a combination of written and spoken terms)
Implied terms—provisions not expressly stated but read in ‘by implication’ to reflect the parties’ intentions when the contract was made

Terms may be implied by fact, by law, or by custom. For guidance on implying terms into contracts, see the following Practice Notes:

Contract interpretation—terms implied by fact
Contract interpretation—terms implied by law
Contract interpretation—terms implied by custom and usage

Issues with express contractual terms

Even where terms are expressly agreed, issues can arise as to:

incorporation—what has actually been included as an express term of the contract, and
construction or interpretation—the sense and effect of the incorporated wording

Where statements are made during negotiations but are not effectively incorporated as express terms, consider whether they are misrepresentations (see Practice Note: Pre-contractual representations and statements) or collateral contracts (see Practice Note: Contract interpretation—when is)...

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Web page updated on 27/05/2026

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