Instructing Solicitors act for Dodgy Garages Ltd (‘Dodgy’), who sold a Porsche motor car to Peter for £10,000. Peter has refused to pay for the car because he has clear evidence, in the form of a report from an independent reputable garage, that the car has numerous defects which will cost him £2,000 to rectify. The parties complied with the practice direction on pre-action conduct. Dodgy last week issued and served a claim form on Peter, claiming payment for the car. Advise Dodgy in respect of the following:
i) What application it should make and why?
ii) When it should make it
iii) The test which would need to be satisfied in order for Dodgy’s application to succeed
iv) What procedure should be adopted by Dodgy
v) If Dodgy does apply, the order the court is likely to make
No real prospect of succeeding
- Summary judgment is a procedure by which any of the parties or the court can dispose of all or part of a claim without proceeding to trial. The aim is to promote the quick determination of cases, avoid long-running litigation and save costs. The procedure is set out in CPR 24.
- i. Dodgy should apply for summary judgement (because most of the claim is undisputed –therefore D will have no real prospect of defending the claim).
- ii. C may apply for SJ only after D has filed either an acknowledgement of service or a defence. r24.4 – time
- iii. The court may grant summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if it considers both that:·
on aclaim or issue or the defendant has no real prospect of successfully defending the claim or issue, AND,·
There is no other compelling reason
why the case or issue should be disposed of at trial (CPR 24.2)
iv. An application
needs to be filed at court and served on other parties supported by evidence 14 days before
the event. Form N244 should be used. A fee
should be paid for the application.It is also good practice to attach a draft order
. If respondent wishes to respond they have 7 days
. Then applicant has 3 days
to respond to that.
v. SJ in favour of Dodgy at least for £8K