As of 4 May 2015 the Supreme Court (General Civil Procedure) Rules 2005 were amended by theSupreme Court (Chapter I Summary Judgment Amendment) Rules 2015.
These amendments made important revisions to the Rules including:
- To revise Order 22 to facilitate the new test for summary judgment in Part 4.4 of the Civil Procedure Act 2010 (“no real prospects of success”), and to maintain most of the previous procedure for making application for summary judgment (that is, to show cause in response).
- To remove from the scope of Rule 23.01 (“Stay or Judgment in proceeding”) the ground that a claim or defence does not disclose a cause of action.
- To revoke Rule 23.03 altogether, which provided for summary judgment where the defendant has a good defence on the merits.
For further reading, visit The Civil Lawyer, by Andrew Downie.