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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...

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Summary judgment in England and Wales: CPR 24 two-stage test, Easyair guidance, evidential burdens, factual disputes, points of law, fraud and foreign law post-October 2023 amendments

Practice notes
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This Practice Note outlines the general principles the court applies to applications for Summary judgment under CPR 24. It signposts the two-stage test in CPR 24.3, clarifies the notions of ‘real prospect of success’ and ‘compelling reason for trial’, and identifies Easyair v Opal Telecom as the leading authority. It also describes the practical judicial approach to such applications, including the burden of proof, handling factual disputes, and points of law...

Amendments to CPR Part 24 and CPR PD 24—1 October 2023

From 1 October 2023, the CPR provisions relevant to summary judgment were amended: CPR Part 24 was substituted and CPR PD 24 revoked. The intention was to streamline the rules without materially changing the substantive law or practice. The numbering and placement of certain provisions have moved. As a result, authorities issued before 1 October 2023 may refer to the former text and numbering. References in this Practice Note are to the current wording of CPR 24. For tables showing the destination of the old provisions and the derivation of the...

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Web page updated on 22/05/2026

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