---
title: "Summary Judgment: Win Without a Trial?"
url: https://lexlaw.co.uk/solicitors-london/summary-judgment-cpr-24-guide/
date: 2026-11-06
modified: 2026-11-06
lang: en
author: "LEXLAW Solicitors & Barristers"
description: "Yes, if the other side has no real prospect of winning. This guide explains the CPR Part 24 test, who can apply, the 14, 7 and 3 day timetable and what the court can order."
categories:
  - "Civil Litigation"
  - "Civil Procedure Rules"
  - "Costs"
  - "County Court"
  - "CPR"
  - "Debt Recovery"
  - "Default Judgment"
  - "First Tier Tax Tribunal"
  - "HMRC"
  - "Insolvency Litigation"
  - "Legal Representation and Counsel"
  - "Litigation"
  - "Part 36"
  - "Professional Negligence"
  - "Summary Judgment"
tags:
  - "civil litigation London"
  - "CPR 15.4"
  - "CPR 24.3"
  - "CPR 24.4"
  - "CPR 24.5"
  - "CPR 44.2"
  - "CPR Part 24"
  - "default judgment"
  - "defending a county court claim"
  - "FTT rule 8"
  - "HMRC county court claim"
  - "N244 application"
  - "no real prospect of success"
  - "strike out"
  - "summary judgment"
  - "Tax Tribunal strike out"
image: https://lexlaw.co.uk/wp-content/uploads/summary-judgment-without-trial-1024x576.jpg
word_count: 2434
---

# Summary Judgment: Win Without a Trial?

Summary judgment lets a court decide a claim, a defence or a single issue at a short hearing, without a full trial, if the other side has “no real prospect of succeeding” and there is no other compelling reason for a trial ([rule 24.3 of the Civil Procedure Rules](https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24)). The court will not resolve a genuine dispute of fact on paper, so the application works best where the facts are agreed, the documents settle the point or the case turns on the meaning of a contract or a rule of law.

The people who search for this are usually in one of two positions. A claimant has issued a debt or contract claim and received a defence that reads like a delaying tactic. A defendant has been served with a claim that looks hopeless and wants it ended before the legal bills mount. What surprises both groups is that the same rule serves either side, that the timetables are short, and that a badly prepared application can leave the applicant paying the other side's costs. Our [litigation solicitors and barristers](https://lexlaw.co.uk/litigation-solicitors/) deal with these applications from both directions.

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## What Is Summary Judgment in a UK Court Claim?

Summary judgment is a final decision on all or part of a civil claim, made without a trial. It sits in Part 24 of the Civil Procedure Rules, and it is one of several early tools a court can use to cut a case short. We explain how it fits alongside default judgment, strike-out and security for costs in our guide to [interim remedies in civil litigation](https://lexlaw.co.uk/interim-remedies-default-judgment-strike-out-security-costs-application-urgent-injunction-legal-advice/).

A court can give summary judgment against a claimant or a defendant, in any type of proceedings, with one exception: certain residential possession claims against a mortgagor, a tenant or a contract-holder (rule 24.2). It can cover a whole claim or only one issue. That is why a party can win an early ruling on one point and still go to trial on the rest. If you have not yet started a claim, our explanation of [how to start court proceedings](https://lexlaw.co.uk/how-do-i-start-court-proceedings-litigation-step-by-step-guide-second-opinion/) sets out the steps that come first.

## The CPR 24.3 Test: No Real Prospect of Success

The applicant has to satisfy two questions. First, does the other party have “no real prospect of succeeding on the claim, defence or issue”? Second, is there no other compelling reason why the matter should wait for a trial? The word “real” carries the weight. A case that is weak but arguable usually survives, because the court asks whether success is realistic. A fanciful case does not meet that standard. We reported one example, a [business interruption insurance claim decided at the summary judgment stage](https://lexlaw.co.uk/solicitors-london/london-sme-loses-business-interruption-insurance-claim-summary-judgment-cpr-24-commercial-court-financial-losses/), where the dispute turned on how the policy wording should be read.

The judge will not hold a mini-trial. If the two sides give conflicting accounts of what happened and a trial could settle the conflict by hearing the witnesses, the application is likely to fail. The second question can also defeat an otherwise strong application. Where the same facts feed other claims that are heading for trial, a judge may decide that the whole dispute should be heard together. Our page on [trial and final judgment](https://lexlaw.co.uk/trial-final-judgment-court-hearing-ptr-preparation-counsel-skeleton-argument-enforcement-legal-advice/) shows what a case looks like once it gets that far.

## Who Can Apply for Summary Judgment, and When?

A claimant cannot apply until the defendant has filed an acknowledgment of service or a defence, unless the court gives permission (rule 24.4(1)). If the claimant applies before a defence is filed, the defendant does not have to file one before the hearing (rule 24.4(4)). Claimants are also expected to have followed the pre-action rules before any of this starts, which usually means a [letter before claim](https://lexlaw.co.uk/letter-before-claim-specialist-solicitors/) and a genuine attempt to settle under the [pre-action protocols](https://lexlaw.co.uk/pre-action-protocols-guide-conduct-cpr-civil-procedural-rules-before-start-commence-claim-proceedings-consequences-settlement-legal-advice/).

A defendant can apply too. Typical grounds are a legal bar to the claim, or a complete defence that is plain from documents nobody disputes. A claim started after the [limitation period](https://lexlaw.co.uk/limitation-periods-time-limits-bar-statute-expired-start-claim-litigation-legal-advice/) has expired is a common example, because the dates are often agreed and the answer is then a matter of law.

## Cases That Suit Summary Judgment, and Cases That Do Not

Summary judgment suits claims where the facts are not truly in dispute. An unpaid invoice that the customer admits receiving, with a defence that amounts to an inability to pay, is the classic debt example. Our guide to [commercial debt recovery in England and Wales](https://lexlaw.co.uk/solicitors-london/commercial-debt-recovery-in-england-wales-a-complete-business-guide-2026/) explains how those claims are built, and our page on [legal action for unpaid invoices](https://windinguppetitionsolicitors.co.uk/business-commercial-debt-recovery-unpaid-overdue-invoices-bills-legal-action-uk-advice/) covers the letters that usually come first. A claim on a written contract where the argument is only about what a clause means also fits.

Cases that turn on credibility, expert evidence or a long chain of events rarely suit it. Professional negligence claims often need expert evidence on the standard of care, which makes them poor candidates for an early decision on the merits, although a time limit point can be taken early. Our guides to [professional negligence claims](https://professionalnegligenceclaimsolicitors.co.uk/professional-negligence-claims/) and to the [limitation period in professional negligence claims](https://professionalnegligenceclaimsolicitors.co.uk/limitation-period-in-professional-negligence-claims/) cover both sides of that.

## How to Apply for Summary Judgment: Form N244, Evidence and Notice

The application is made on Form N244. Rule 24.5(1) sets out what the application notice must contain. The justice.gov.uk guidance on [making an application](https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/making-an-application) explains that the evidence can be a witness statement or a statement verified by a statement of truth, and that the other party must be served. The applicant must give the respondent at least 14 days' notice of the hearing and of the issues the court will decide (rule 24.4(5)).

Evidence decides most of these hearings. The applicant should explain, with documents attached, why the other side's case has no real prospect of success, and the statement needs a [statement of truth](https://lexlaw.co.uk/statements-of-truth-cpr-practice-direction-template-format-false-penalties-court-witness-evidence-costs-budget-litigation-advice/), since a false one can amount to contempt of court. Our page on [preparing witness evidence](https://lexlaw.co.uk/preparing-witness-evidence-litigation-solicitors-london/) covers how to put a statement together so the judge can follow it quickly.

## Defending a Summary Judgment Application

A respondent must file and serve its evidence at least 7 days before the hearing, and the applicant may serve evidence in reply at least 3 days before it (rule 24.5(3)). Those windows are short. A bare denial seldom works. The court wants to see the documents and the witness account that show a real dispute of fact, or a respectable argument of law, and it expects to see that evidence now rather than a promise to produce it at trial. If you want an independent view of how strong your position is before the deadline, a [second legal opinion from a solicitor and barrister](https://lexlaw.co.uk/legal-second-opinion-solicitor-barrister/) is available.

A defendant with a genuine counterclaim should say so at once, because it may affect how the court deals with the application. If a deadline for evidence has already been missed, you may need the court's permission to rely on it late, and our guide to [relief from sanctions under CPR 3.9](https://lexlaw.co.uk/solicitors-london/when-will-the-court-grant-relief-from-sanctions-under-cpr-3-9-civil-litigation/) explains the test the court applies when a breach has to be excused.

## Summary Judgment Deadlines: What You Must Do and By When

If you have just been served with a claim, the first deadline is the defence. A defendant must file a defence within 14 days of service of the particulars of claim, or within 28 days if it has first filed an acknowledgment of service (rule 15.4 in [Part 15 of the Civil Procedure Rules](https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part15)). The parties can agree to extend the time for filing a defence by up to 28 days, but the defendant must notify the court in writing (rule 15.5). The government's guidance on [responding to a court claim for money](https://www.gov.uk/respond-to-court-claim-for-money) tells you to reply by the date on the claim letter and warns that you may get a county court judgment if you do not respond.

A missed defence deadline can lead to judgment in default, and the [official guidance for defendants replying to a claim form](https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7/guidance-for-defendants-replying-to-the-claim-form-n1c) confirms that judgment may be entered if you do not reply. Once a summary judgment application is listed, the timetable is just as tight: 14 days' notice of the hearing, respondent's evidence 7 days before it and any reply 3 days before it. Start preparing on the day the papers arrive.

## What Can the Court Do at the Hearing?

The judge has several options. The court can give judgment for the applicant on the whole claim or on one issue, dismiss the application and let the case continue to trial, or give directions instead of deciding the point. It can also make an order on conditions or treat the hearing as a case management hearing (rule 24.6). When an application is dismissed, the claim does not end. It moves to the next stage, and our page on the [costs and case management conference](https://lexlaw.co.uk/costs-and-case-management-conference-cmc-ccmc-litigation-court-second-opinion-legal-solicitor-advice/) explains what that stage involves.

On costs, the general rule in rule 44.2 is that the unsuccessful party will be ordered to pay the successful party's costs, but the court has a discretion and may order otherwise ([Part 44 of the Civil Procedure Rules](https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs)). A party that wins judgment still has to collect it, because courts do not enforce orders automatically. Our guide to [enforcement of judgment debts](https://lexlaw.co.uk/enforcement-recovery-judgment-debt-solicitors-london/) covers the options. If you are the party who lost and a creditor freezes your bank account, see our page on [third party debt orders and frozen bank accounts.](https://lexlaw.co.uk/solicitors-london/bank-account-frozen-third-party-debt-order-help/)

## Summary Judgment, Default Judgment and Winding-Up Petitions: Clearing Up the Confusion

Searchers often mix up three different things. Default judgment is entered when a defendant fails to respond in time, and the court decides nothing about who is right. Summary judgment is a decision on the merits, made on the papers. Either kind of judgment leaves the losing party owing a judgment debt, and our page on [debt recovery court proceedings](https://windinguppetitionsolicitors.co.uk/debt-recovery-court-proceedings/) shows how a creditor moves from a county court claim to judgment.

A winding-up petition asks the Companies Court to put a company into liquidation over an unpaid debt. It does not try who is right on a disputed debt. The court will ordinarily refuse a petition where the debt is genuinely disputed on substantial grounds, as we explain in our guide to whether a [creditor can wind up your company over a disputed invoice](https://windinguppetitionsolicitors.co.uk/can-a-creditor-wind-up-your-company-over-a-disputed-invoice/). A creditor whose invoice is genuinely contested will therefore often need to establish the debt through a claim first, and a company facing a demand over a sum it disputes should take advice quickly. Our guide to [opposing a winding-up petition on a disputed debt ](https://windinguppetitionsolicitors.co.uk/opposing-a-winding-up-petition-on-a-disputed-debt-the-legal-process-explained/)explains the process.

## Tax Disputes: HMRC Court Claims and Tribunal Strike-Out

HMRC sometimes sues for tax debt in the county court. Part 24 applies in any proceedings, so either side can apply for summary judgment in those claims. HMRC's debt management manual says a defendant has 14 days to respond to an HMRC county court claim, using form N9A to admit it or N9B to defend, and that filing an acknowledgment of service extends the time to 28 days ([manual DMBM665620](https://www.gov.uk/hmrc-internal-manuals/debt-management-and-banking/dmbm665620)). If HMRC is threatening enforcement, our page on [HMRC enforcement action](https://taxdisputes.co.uk/hmrc-enforcement-action/) sets out the routes it can take.

The Tax Tribunal has its own rules, and Part 24 does not apply there. The nearest equivalent is the power to strike out a case under rule 8(3)(c) of the [Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, SI 2009/273](https://www.legislation.gov.uk/uksi/2009/273), where there is “no reasonable prospect of the appellant's case, or part of it, succeeding”. Before it strikes out, the Tribunal must give the appellant a chance to make representations (rule 8(4)). Our pages on the [First-tier Tax Tribunal](https://taxdisputes.co.uk/first-tier-tax-tribunal-solicitors-london/) and on [giving notice of appeal to HMRC](https://taxdisputes.co.uk/hmrc-appeal-lawyers-london/) explain the route into that forum.

## Settling Instead: Part 36 Offers and Mediation

A summary judgment hearing is not the only way to apply pressure. A properly made [Part 36 offer](https://lexlaw.co.uk/litigation-part-36-offer-claimants-defendants-guide-to-costs-and-settlement-legal-solicitors-advice/) puts costs and interest at risk for a party who refuses a realistic settlement, and it can change the risk calculation long before any hearing. [Mediation](https://lexlaw.co.uk/mediation-settlement-alternative-dispute-resolution-adr-litigation-mediator-legal-advice/) is confidential and voluntary, and it gives both sides a structured chance to settle with the help of a neutral mediator.

## How LEXLAW Can Help

We act for claimants and defendants on summary judgment applications in the county court and the High Court, including debt and contract claims, claims against [negligent solicitors](https://professionalnegligenceclaimsolicitors.co.uk/sue-negligent-solicitor-law-firm/) and disputes with HMRC. We prepare the application or the response, the witness evidence and the hearing itself. We do not offer free legal advice or legal aid, and we generally take on substantial matters. Taxpayers can see how we work on our page about [legal representation in HMRC disputes](https://taxdisputes.co.uk/legal-representation/).

We are dual qualified solicitors and barristers, with chambers in Middle Temple next to the Royal Courts of Justice. We offer a fixed fee advice conference with both a solicitor and a barrister, in which we look at whether an application is worth making or worth opposing. To start, complete our [case assessment form](https://lexlaw.co.uk/legal-case-assessment/).

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### Frequently Asked Questions

What is the test for summary judgment under CPR 24.3?

The court may give summary judgment where the other party has no real prospect of succeeding on the claim, defence or issue and there is no other compelling reason for a trial (rule 24.3). Both conditions must be met. A case that is weak but arguable will normally go to trial.

Can a claimant apply for summary judgment before the defendant files a defence?

Only with the court's permission. A claimant cannot apply until the defendant has filed an acknowledgment of service or a defence, unless the court gives permission (rule 24.4(1)). If the application is made before a defence is filed, the defendant does not have to file one before the hearing (rule 24.4(4)).

How long do I have to respond to a summary judgment application?

The applicant must give at least 14 days' notice of the hearing and of the issues the court will decide (rule 24.4(5)). A respondent who wants to rely on evidence must file and serve it at least 7 days before the hearing, and the applicant's evidence in reply is due at least 3 days before it (rule 24.5(3)). The judge can give different directions under rule 24.6, so always check the court's notice or order.

Who pays the costs if a summary judgment application fails?

Costs are in the court's discretion under rule 44.2. The general rule is that the unsuccessful party pays the successful party's costs, but the court may make a different order. An applicant who brings a weak application, or a respondent who ignores a good one, therefore risks an adverse costs order.

*This article is general information and not legal advice. *