Are judges trigger-happy on summary judgment?

Concern is rising that summary judgment are getting handed down too readily

Finding against somebody in the absence of a hearing where witnesses and documents can be tested is, in point of fact, a mark of the absence of the rule of law Picture: iStock

S ummary judgment is judgment without trial. It is therefore, as a matter of principle, objectionable. Finding against somebody in the absence of a hearing where witnesses and documents can be tested is, in point of fact, a mark of the absence of the rule of law.

The Supreme Court has held that summary judgment can only be given in the clearest of cases – that is, where it is “very clear” that ...