ProcedureE+W
24.4—(1) A claimant may not apply for summary judgment until the defendant against whom the application is made has filed—
(a)an acknowledgement of service; or
(b)a defence,
unless—
(i)the court gives permission; or
(ii)a practice direction provides otherwise.
[F1(1A) In civil proceedings against the Crown, as defined in rule 66.1(2), a claimant may not apply for summary judgment until after expiry of the period for filing a defence specified in rule 15.4.]
(Rule 10.3 sets out the period for filing an acknowledgment of service and rule 15.4 the period for filing a defence)
(2) If a claimant applies for summary judgment before a defendant against whom the application is made has filed a defence, that defendant need not file a defence before the hearing.
(3) Where a summary judgment hearing is fixed, the respondent (or the parties where the hearing is fixed of the court’s own initiative) must be given at least 14 days' notice of—
(a)the date fixed for the hearing; and
(b)the issues which it is proposed that the court will decide at the hearing.
[F2(4) A practice direction may provide for a different period of notice to be given.]
(Part 23 contains the general rules about how to make an application)
(Rule 3.3 applies where the court exercises its powers of its own initiative)
Textual Amendments
F1Rule 24.4(1A) inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 27
F2Rule 24.4(4) inserted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 12(b)
Commencement Information