Motion for judgement stuck out

Glenn Quagmire

If a motion for summary judgement (no defence) is struck out does that mean that the whole case is struck out?

Tom Young

No - just the motion. Liberty to reapply is a feature and also the strike out can be vacated by a judge etc.

dermot_sheehan

Liberty to apply does not automatically happen, if its not granted you must apply to court for liberty to re-enter the motion.

If the motion is struck out a costs order may have been made.

The entire action is not automatically struck out by the motion being struck out.

Tom Young

gabhain7 wrote: »

Liberty to apply does not automatically happen, if its not granted you must apply to court for liberty to re-enter the motion.

True - but you can re-apply anyway or ab initio.

If the motion is struck out a costs order may have been made.

This is discretionary, particularly if the Order striking out is vacated.

The entire action is not automatically struck out by the motion being struck out.

Indeed.

Many don't understand the difference between dismissal, strike out and further strike out of a motion.

Kanye

Mega-bump.

What Order deals with re-entry of a motion?

Tom Young

Kanye wrote: »

Mega-bump.

What Order deals with re-entry of a motion?

A solicitor would be able to advise you about that. Or indeed a Barrister.

Kanye

Kanye wrote: »

Mega-bump.

What Order deals with re-entry of a motion?

It's not re-entry really. If a motion is struck out then it's done and dusted. If, for some reason, you want to try again there may be costs implications but I assume you'd only be trying again if the circumstances changed/the original motion was faulty in some way and you had corrected the fault.

Order 52 covers motions but it's really more procedural since you cannot really re-enter a motion as far as I know. Each one is always new and fresh.

EDIT: That's Order 52 of the RSC. Not sure about the CC rule number.

shaneybaby

Tom Young wrote: »

True - but you can re-apply anyway or ab initio.
Many don't understand the difference between dismissal, strike out and further strike out of a motion.

Mega Bump #2

Obviously i am one of the many. at an (not very)educated guess...
dismissal: Proceedings come to an end forever
strike out: Proceedings come to and end for the time being but can be re-entered.
further strike out:....never heard of this.

anyone be so kind to clarify?

Tom Young

I should clarify what I meant there. Motions are interlocutory applications before a court in Civil cases that usually occur to enhance or bring a case to trial.

A motion being struck out does not end the substantive matter/case, it merely removes the party bringing the motion's ability to progress that element. Often it is the case that a motion is struck out for non attendance by either or both parties to that motion. The motion can be restored by the court if the strike out has been vacated by the judge. In saying that though, it is rare. Also, what I meant by further strike out is that if that motion is restored and then heard and the judge strikes it out as being baseless then we are back to square one.

I will defer to criminal posters/practitioners in relation to the striking out of summons' in the context of criminal prosecutions. My understanding is that in most instances that is the end of the matter.

A dismissal on the other hand is the last word in both civil and criminal cases.

Tom

shaneybaby

Tom Young wrote: »

I should clarify what I meant there. Motions are interlocutory applications before a court in Civil cases that usually occur to enhance or bring a case to trial.

A motion being struck out does not end the substantive matter/case, it merely removes the party bringing the motion's ability to progress that element. Often it is the case that a motion is struck out for non attendance by either or both parties to that motion. The motion can be restored by the court if the strike out has been vacated by the judge. In saying that though, it is rare. Also, what I meant by further strike out is that if that motion is restored and then heard and the judge strikes it out as being baseless then we are back to square one.

I will defer to criminal posters/practitioners in relation to the striking out of summons' in the context of criminal prosecutions. My understanding is that in most instances that is the end of the matter.

A dismissal on the other hand is the last word in both civil and criminal cases.

Tom

Excellent as usual, thanks very much