Short answer
Prepare the claim form, statements of case, key contract or evidence, application notice, witness evidence, court orders, hearing notice, costs material and a note explaining why the claim or defence is said to have no real prospect of success.
Quick checklist
Start with these
Start With The Pleadings And Orders
Put the claim form, particulars of claim, defence, reply and any counterclaim at the front of the pack. Add the current directions, orders and hearing notice so the procedural stage is clear.
State whether the enquiry is for an applicant or respondent and whether the application concerns the whole claim, a defence, a counterclaim or a discrete issue.
- Claim form, particulars, defence, reply and counterclaim.
- Application notice, draft order and supporting witness statement.
- Court orders, directions, hearing notice and service evidence.
- Key contract, correspondence, admission, invoice, expert or factual evidence.
- Any related strike-out, amendment or default judgment material.
Explain The Real-Prospect Issue
A useful enquiry identifies the specific point said to have no real prospect of success and why there is said to be no other compelling reason for trial. Avoid sending a broad bundle without a short issue note.
For a response, identify the disputed facts, documents, witness evidence or legal issues said to require a trial.
- The legal or factual issue to be decided summarily.
- The evidence relied on and any evidential gaps.
- The respondent's answer or proposed evidence.
- Costs, settlement offers and proportionality points.
- Hearing date, skeleton argument deadline and bundle deadline.
Scope The Work Clearly
The request may be for urgent advice, an application notice, evidence review, skeleton argument, hearing preparation or advocacy. Some cases need solicitor support for service, filing, disclosure, witness evidence and ongoing conduct.
This guide is general information only and does not decide whether summary judgment should be sought or resisted.
Source note: source-checked against Civil Procedure Rules Part 24 and Part 23 materials on 29 September 2026. Merits, evidence, timing, excluded proceedings, notice, costs, settlement and strike-out overlap need specialist civil litigation review before publication.
Claim and official-source ledger
- Civil Procedure Rules Part 23 contains general rules about applications for court orders, including application notices and evidence.
- Part 23 - General Rules about Applications for Court Orders — Civil Procedure Rules / Justice UK; checked .
- Civil Procedure Rules Part 24 sets out the summary judgment procedure, including the grounds, timing, application notice and evidence requirements.
- Part 24 - Summary Judgment — Civil Procedure Rules / Justice UK; checked .
Editorial status: Review required. Sources support the identified claims only. General information; not legal advice.
Summary Judgment Application Barrister Evidence Guide FAQs
Can a barrister help with a summary judgment application?
A civil litigation barrister may advise on merits, evidence, drafting, responding to an application or representation at a suitable hearing where the task is properly scoped.
Is summary judgment the same as strike out?
No. They can overlap in practice but use different rules and tests. Send any strike-out, amendment or case-management material if both routes are being considered.
Does a quote request protect the hearing deadline?
No. Include the hearing date, evidence deadline and any court order. Submitting an enquiry does not pause civil procedure deadlines.
Ask For A Barrister Quote
Barristers4U helps clients request a quote from a suitable Direct Access barrister. The information on this page is general information only, not legal advice about your individual circumstances.
If your matter is urgent, include hearing dates, court deadlines, orders and any documents you already have when you submit your enquiry.
