Summary Judgment Under The New Civil Procedure Rules Introduction

Introduction:

The mechanism of summary judgment provided in civil procedure as a tool to avoid unnecessary delays in litigation. The application for a summary judgment is an interim application that was provided for in the old Civil Procedure Rules in Order 18, Rule 1. It is the option provided to the Plaintiff to submit an application to the court for the issuance of an order against the Defendant at the initial stages of the trial to avoid delay. With the introduction of the New Civil Procedure Rules, effective from 1 September 2023, the framework for summary judgment has been significantly modernised. This article provides an overview of the old regime, explains the reforms introduced by the New Civil Procedure Rules, and considers their practical implications for litigants.