Summary judgment differs across jurisdictions. Learn how the U.S. approach to summary judgment compares to practices in the U.K. and Canada, and what it means for legal practitioners.
Summary judgment plays a significant role in civil litigation across many common law jurisdictions. While the general concept remains consistent — allowing courts to rule on a case before trial if there are no genuine disputes of material fact — the approach and application of summary judgment vary considerably between the United States, the United Kingdom, and Canada. These differences can impact legal strategies and the outcomes of cases, depending on the jurisdiction in which the case is being heard.
In this article, Legal Husk examines the key differences in the approach to summary judgment in the U.S., the U.K., and Canada, highlighting how each system handles motions for summary judgment, and the strategic implications for litigators in each jurisdiction.
✅ In the U.S., summary judgment is a critical procedural tool. The Federal Rules of Civil Procedure (FRCP), specifically Rule 56, allow parties to seek a judgment without trial when there is no genuine dispute over material facts, and the moving party is entitled to judgment as a matter of law.
Broad Availability: Summary judgment is broadly available in U.S. federal and state courts. The motion can be filed at any point during the litigation process, but it is most commonly used after discovery is completed.
Standard for Granting: Under FRCP 56, the moving party must demonstrate that there is no genuine dispute of material fact, and that they are entitled to judgment as a matter of law. The court must view the facts in the light most favorable to the non-moving party.
Example: "In a breach of contract case, a defendant may file a summary judgment motion arguing that the plaintiff has no evidence to prove that the contract was breached."
Emphasis on Legal and Factual Analysis: U.S. courts typically engage in a thorough analysis of both the facts and the law when ruling on summary judgment motions. If there are any disputes of material facts, summary judgment is typically denied, and the case proceeds to trial.
🎯 Strategic Tip: In the U.S., the focus is on presenting undisputed facts and demonstrating that no trial is necessary to resolve the case.
✅ The U.K. approach to summary judgment, governed by Part 24 of the Civil Procedure Rules (CPR), is more restrictive than that of the U.S. Courts in the U.K. are generally more conservative about granting summary judgment and tend to require stronger evidence of an issue being resolvable without trial.
More Conservative Standard: In the U.K., summary judgment is granted only if the claimant (or defendant) can demonstrate that the other party has no real prospect of succeeding on the claim or defense. This standard is higher than the U.S. approach, as U.K. courts want to avoid dismissing cases that may still have merit.
Focus on the Claim's Viability: U.K. courts often focus on whether the claim itself is viable or if the defense is doomed to fail, rather than addressing the factual disputes. Courts are reluctant to grant summary judgment unless the case is "clear-cut."
Example: "In a defamation case, the court might grant summary judgment if the defendant can prove that the plaintiff cannot establish the necessary elements of defamation based on the available evidence."
Limited Use: Summary judgment is used less frequently in the U.K., as courts prefer cases to go to trial when there is any doubt. U.K. judges are generally more inclined to allow the case to proceed to a full trial where a fair resolution can be reached.
🎯 Strategic Tip: In the U.K., you must demonstrate a high degree of certainty that the case has no real prospect of success to secure summary judgment.
✅ Canada’s approach to summary judgment has undergone significant changes in recent years, particularly with the 2010 amendments to the Canadian Rules of Civil Procedure (CRCP). Prior to these changes, summary judgment was viewed as a rare remedy, but the amendments aimed to make it more accessible and promote efficiency in litigation.
More Liberal Standard: Canada’s revised Rule 20 allows courts to grant summary judgment where there is no genuine issue for trial. The Canadian standard is somewhat more liberal than the U.K. standard but similar to the U.S. approach. Canadian courts are now more inclined to grant summary judgment if the evidence strongly supports one party's case.
Use of Oral Hearings and Affidavits: Canadian courts allow for oral hearings in summary judgment motions, which can help clarify issues and ensure that the motion is fully considered. Affidavits and documentary evidence are also critical in supporting or opposing the motion.
Example: "In a commercial dispute, the defendant filed a summary judgment motion and supported it with affidavits and documentary evidence that showed the plaintiff’s claims were based on incorrect information."
Efficiency Focus: Like the U.S., Canadian courts aim to resolve disputes efficiently. However, Canadian courts are more willing to dismiss cases at an early stage, provided that the case has no merit.
Example: "A plaintiff’s motion for summary judgment was granted in a breach of contract case because the defendant failed to produce any evidence to dispute the material facts, despite having had ample time to do so."
🎯 Strategic Tip: In Canada, aim to demonstrate the lack of a genuine issue for trial by presenting compelling documentary evidence and supporting affidavits.
✅ While the basic concept of summary judgment is shared across the U.S., U.K., and Canada, there are notable differences in how each jurisdiction applies the standard and the types of cases in which summary judgment is granted.
Availability: In the U.S., summary judgment is broadly available and frequently used. In contrast, the U.K. has a more restrictive approach, with courts only granting summary judgment in clear-cut cases. Canada has moved toward a more balanced approach, with courts more frequently granting summary judgment since the rule changes.
Standard of Review: The U.S. standard, which focuses on whether there is a genuine issue of material fact, is generally more permissive than the U.K.’s “real prospect” standard. Canada falls somewhere in between, encouraging efficiency while still requiring a strong case for dismissal.
Precedents and Case Law: U.S. courts often rely on extensive case law to guide their decision-making on summary judgment motions. The U.K. and Canada, while also using precedents, are more likely to focus on the specific facts of the case and whether a full trial is truly necessary.
🎯 Strategic Tip: Tailor your approach based on the jurisdiction you are litigating in. In the U.S., summary judgment is often a tool for quick resolution, while in the U.K. and Canada, it’s more challenging to secure without clear evidence.
The U.S., U.K., and Canada each have unique approaches to summary judgment that reflect their legal traditions and priorities. While summary judgment is an essential tool in all three jurisdictions, understanding the differences in how it is applied can help litigators strategize and present more compelling arguments. In the U.S., summary judgment is more commonly granted, while in the U.K., courts are more conservative, and in Canada, the approach is evolving to encourage greater efficiency in resolving cases.
At Legal Husk, we help litigators navigate summary judgment motions across different jurisdictions, ensuring that their arguments align with the applicable legal standards.
📌 Need assistance with summary judgment motions in the U.S., U.K., or Canada?
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