Summary procedure

Question 1

What is the key requirement for using a summary summons in the High Court?

Answer 1

There must be no bona fide defence available.

Question 2

What is the main procedural advantage of a summary summons?

Answer 2

No pleadings are required.

Question 3

What order governs summary summons in the High Court?

Answer 3

Order 2 RSC.

Question 4

How many categories of summary summons exist?

Answer 4

Four.

Question 5

What are the four types of summary summons?

Answer 5

Liquidated sum, possession, account, and agreed cases.

Question 6

Which type of summary summons is most commonly used in practice?

Answer 6

Claims for a liquidated sum.

Question 7

What is a liquidated sum?

Answer 7

A fixed or easily ascertainable sum of money.

Question 8

Can interest be recovered in a summary summons for a liquidated sum?

Answer 8

Yes, if it is readily ascertainable under contract or statute.

Question 9

What is a key exam trap regarding interest in summary proceedings?

Answer 9

Interest must be clearly calculable.

Question 10

When can a landlord use a summary summons for possession?

Answer 10

When tenancy has expired or rent is unpaid.

Question 11

What are the two conditions required for possession claims under summary summons?

Answer 11

Tenancy expired/determined OR non-payment of rent.

Question 12

Can a landlord use summary summons where tenancy is still ongoing and rent is paid?

Answer 12

No.

Question 13

What is a claim for an account in summary summons?

Answer 13

A claim seeking financial accounting (e.g. trust or fund management).

Question 14

When can a claim outside the main categories proceed by summary summons?

Answer 14

Where both parties agree.

Question 15

What must a summary summons contain?

Answer 15

A special indorsement of claim.

Question 16

What is included in a special indorsement of claim?

Answer 16

All material facts and particulars of the claim.

Question 17

What is a key procedural advantage where the defendant does not appear?

Answer 17

Judgment may be entered without going to court.

Question 18

What order governs entering judgment without court appearance?

Answer 18

Order 13 RSC.

Question 19

What must the plaintiff file to obtain judgment without a hearing?

Answer 19

Affidavit of service, 28-day warning letter, and affidavit of debt.

Question 20

What is verified in the affidavit of debt?

Answer 20

The amount owed.

Question 21

What is a key exam trap regarding summary judgment procedure?

Answer 21

Strict affidavit requirements must be satisfied.

Question 22

Which two categories are exceptions to the standard affidavit requirements?

Answer 22

Moneylenders and hire purchase agreements.

Question 23

What happens if the defendant enters an appearance?

Answer 23

The plaintiff must apply for summary judgment.

Question 24

How does the plaintiff apply for summary judgment after appearance?

Answer 24

By notice of motion.

Question 25

What must the plaintiff include in the grounding affidavit?

Answer 25

Evidence of entitlement and belief that no defence exists.

Question 26

Where is the summary judgment application initially heard?

Answer 26

Before the Master of the High Court.

Question 27

What happens if the hearing is uncontested before the Master?

Answer 27

The Master may grant judgment.

Question 28

What additional sum may be included in judgment?

Answer 28

Interest under s22 Courts Act 1981.

Question 29

What happens if the defendant contests the summary judgment?

Answer 29

The Master loses jurisdiction.

Question 30

Where is a contested summary judgment hearing transferred?

Answer 30

To the High Court judge’s list.

Question 31

What is a common tactic used by defendants at summary judgment stage?

Answer 31

Seeking adjournment to file an affidavit.

Question 32

What happens if both parties agree there is an arguable defence?

Answer 32

The case may be sent to plenary hearing.

Question 33

What is the key test for granting summary judgment?

Answer 33

Is there a fair or reasonable probability of a bona fide defence?

Question 34

Which case sets out the test for summary judgment?

Answer 34

Harrisrange Ltd v Duncan.

Question 35

How should courts approach summary judgment applications?

Answer 35

With caution.

Question 36

What must the court assess in summary judgment applications?

Answer 36

The strength of evidence and defendant’s response.

Question 37

What happens if leave to defend is granted?

Answer 37

The defendant has 14 days to deliver a defence.

Question 38

What order governs delivery of defence after leave to defend?

Answer 38

Order 21 RSC.

Question 39

What is the key distinction between summary and plenary proceedings?

Answer 39

Summary assumes no defence; plenary involves full trial.

Question 40

What happens if the defendant shows a prima facie defence?

Answer 40

Summary judgment is refused.

Question 41

What is the risk for plaintiffs using summary summons incorrectly?

Answer 41

Delay and transfer to plenary proceedings.

Question 42

What is the purpose of summary proceedings overall?

Answer 42

To avoid unnecessary trials where no defence exists.

Question 43

What is the key role of the Master in summary judgment?

Answer 43

To hear uncontested applications.

Question 44

What is a major exam trap regarding the Master’s jurisdiction?

Answer 44

It ends once the case is contested.

Question 45

What is the procedural trigger for moving from summary to plenary?

Answer 45

Existence of an arguable defence.

Question 46

What is a strategic advantage of summary summons for plaintiffs?

Answer 46

Faster resolution and lower costs.

Question 47

What is a strategic risk for defendants in summary proceedings?

Answer 47

Failure to show a defence leads to immediate judgment.

Question 48

What must a defendant demonstrate to avoid summary judgment?

Answer 48

A bona fide or arguable defence.

Question 49

What is insufficient to defeat summary judgment?

Answer 49

A mere assertion of a defence without evidence.

Question 50

What is the court NOT concerned with at summary stage?

Answer 50

Full merits of the case.

Question 51

What is the threshold for defending a summary summons?

Answer 51

Low but must be credible.

Question 52

What is the ultimate question in summary judgment applications?

Answer 52

Is there a real defence worth trying?