Summary judgment gets us there faster, but the slow route delivers better justice, says Dr Anil Balan. Is it time for clearer guidelines?
- Summary judgement quickly and efficiently resolves lawsuits, but it needs to be balanced against the right to a fair trial.
- This tension could be resolved with clear guidelines, which would improve transparency in summary judgment proceedings and strengthen appeal mechanisms.
Picture this: a lawsuit stretches on, mountains of paperwork piling up, costs soaring. But what if there was a way to cut through the noise and end weak claims quickly, saving time and money for everyone involved? Enter summary judgment under Pt 24 of the Civil Procedure Rules (CPR), a legal procedure that allows judges to rule on cases without a full trial if one party’s claim has no real prospect of success and there is no other compelling reason to have a trial, saving time and money for all involved. But like any shortcut, it raises concerns: does it trample on the fundamental right to a fair trial?
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