Judgment Before Trial
Summary Judgment
This is where the merits of the case are assessed early without full trial. Both the claimant and the defendant can apply arguing that: • The claim or the defence has no real prospect of succeeding and • There is no other compelling reason why the claim or issue should be disposed of at a trial.
It is sometimes possible to get a final decision without following the whole process to trial.
Default Judgment
If the defendant fails to file a defence within the relevant time limit, the claimant may obtain a judgment in default of defence. This judgment can be set aside but there must be a good explanation why a defence was not filed in time or at all. Judgment obtained in these circumstances is due to procedural failure by the defendant rather than based on any assessment of the merits.
Strike Out
The court has the power to strike out a party’s statement of case (including a claim form, particulars of claim or defence), either in whole or in part, if one of the following applies: • The statement of case discloses no reasonable grounds for bringing or defending the claim • The statement of case is an abuse of process • There has been a failure to comply with a rule or court order.
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