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...

Summary judgment costs in money claims under CPR 45: fixed recoverable costs, disapplication, withdrawals, defendant's costs, indemnity basis and budgeting (England and Wales)

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Practice notes

Practice Note

This Practice Note explores the principles of Costs recovery for money claims under Section II of CPR 45 when seeking costs after a Summary judgment application. It addresses the claimant’s position, including whether the Fixed costs regime in CPR 45 applies, if it can be disapplied, and the consequences where the claimant withdraws a summary judgment application. It also considers the defendant’s position when it successfully opposes summary judgment, offering guidance on the prospect of indemnity costs and the implications for costs budgeting. Note that this Practice Note relates to money claims under Section II of CPR 45. The current CPR 45.16(2) was previously rule 45.1(2)—both the present and former rules provide that fixed costs apply where the only claim is for a ‘specified sum of money’ and ‘summary judgment is given under Part 24’. For fixed costs money claims issued before 1 October 2023, the old rule 45 governs. This Practice Note sets out the earlier rules alongside the current provisions. The old rules can be accessed here: For information on fixed costs for civil...

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Web page updated on 21/05/2026

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