The Civil Procedure Rules 1998

[F1 Timing of applications and hearing E+W

24.4.— (1) A claimant may not apply for summary judgment until the defendant against whom the application is made has filed an acknowledgment of service or a defence, unless—

(a) the court gives permission; or

(b) a rule or practice direction states otherwise.

(2) 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.

(3) In a claim—

(a) for specific performance or rescission of an agreement (whether in writing or not) for the sale, purchase, exchange, mortgage or charge of any property, or for the grant or assignment of a lease or tenancy of any property, with or without an alternative claim for damages; or

(b) for the forfeiture or return of any deposit made under such an agreement,

the claimant may apply for summary judgment at any time after the claim form has been served, unless a rule or practice direction states otherwise.

(4) If a party applies for summary judgment before a defendant has filed a defence, the defendant by or against whom the application is made need not file a defence before the hearing.

(5) 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.

(6) A rule or practice direction may provide for a different period of notice to be given.]

Textual Amendments

F1 Pt. 24 substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rule 1(1), Sch. 2