JANNA PURDIE provides practical guidance for practitioners involved in summary judgment applications
References
Jacobs v Skidmore [2008] All ER (D) 258 (Nov)
Jacobs v Skidmore [2008] All ER (D) 258 (Nov)
CPR 24
Summary judgment
There are obvious steps parties can take to make the court process easier and strengthen their case. Mr Justice Coulson, in a judgment providing valuable guidance to practitioners, has highlighted some of these. While some apply specifi cally to summary judgment applications others apply equally well to other forms of applications.
Facts of the case
The claimant undertook quantity surveying and project management for a construction project under a consultancy agreement. The defendant terminated that agreement and the claimant brought proceedings for unpaid invoices of more than £4m.
The claimant applied for summary judgment on three of the invoices totalling £755,643.60. The application was resisted. The time estimate was two hours with no indication that pre-reading was required. The evidence adduced comprised 10 files, and included lengthy statements. The application took three days of court time.
The summary judgment was partly successful and a conditional order was also made
