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Have they filed a defence please?Alex
Ok - then once a defence is filed either party can apply for summary Judgment. It is no more unusual than a claimant applying.
They do this if they think they may no claim. But you can apply to the Court and ask that specific documents are disclosed if they have not already been.
Can I clarify anything for you about this today please?Alex
You can cross apply at any time before Directions are given and the matter is allocated.
The Judge will only grant summary Judgment where there is no claim.
If there is a claim, even a slight one, it will not be granted.
Can I clarify anything for you about this?Alex
Ok - The Judge will want to see whether you have any claim at all. If the answer is yes then the application will fail.
Does that clarify? Alex