Applications for Summary Judgement and applications to Strike Out a claim
Disputes & Litigation
Application for Summary Judgement
Court cases can take a long time to work their way through the court system. It is often frustrating for individuals and businesses that the court process is so long winded and complicated. One element of the court process that is often overlooked is the ability for a claimant to apply for summary judgement against a defendant. An application for summary judgement is made when a claimant has received the defence from the defendant but believes that he has either no defence to the claim, (as in claims for a dishonoured or cancelled cheque), or does not have a defence that is likely to succeed at trial. If the Judge accepts that there is no defence to your claim, the judgement will be awarded in your favour and the defendant will have to pay your costs, legal fees and the amount of the claim.
Application to Strike Out a Claim
Another element that is often overlooked, is the ability for a defendant to make an application. If someone has started a claim against you, the first that you must do is prepare a defence. However, if a claim has been issued against you that you think is without merit or not supported by any evidence or you believe that the claim has no legal basis, you can make an application to have it struck out.
The court will set a date for your application to be heard and at the hearing you can make representations as to why you believe the claimant's claim has no prospect of succeeding at trial. If you persuade the Judge that this is correct, the claim will be struck out and this will be an end to the court proceedings.
Both of these applications are an effective way to deal with spurious claims and ineffective defences and can bring court proceedings to an end relatively quickly.