Which test must a claimant meet to obtain summary judgment under CPR Part 24?
Answer and explanation
Correct answer: A. The defendant has no real prospect of succeeding at trial and there is no other compelling reason for a trial
- Step 1: CPR Part 24 permits the court to decide a claim without a trial.
- Step 2: The test is that the defendant has no real prospect of success and there is no other compelling reason for a trial.
Answer
The defendant has no real prospect of succeeding at trial and there is no other compelling reason for a trial.
Why not the others: A defence which is less likely than not to succeed can still have a real prospect; the criminal standard is irrelevant; a missed pre-action deadline is not the test.
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More Starting and progressing civil claims questions
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