Case Management And Striking Out

Question 1

The courts case management powers

Answer 1

1. Extend/shorten the time for compliance with an order or rule
2. Adjourn hearings or bring them forward
3. Require a party or legal rep to attend court
4. Stay the whole or part of proceedings
5. Order a party to file and serve budget costs

Question 2

The courts powers to strike out

Answer 2

The court may exercise its powers to strike out the whole or part of a statement of case of its own initiative or on the application of a party. CPR 3.4

Question 3

When to apply for strike out

Answer 3

As soon as possible and before allocation

Question 4

Grounds for strike out

Answer 4

a. No reasonable grounds for bringing/ defending the claim
b. Abuse of process/likely to obstruct a just disposal of proceedings
c. Failure to comply with a rule or practice direction

Question 5

Judgement after strike out

Answer 5

Where the court makes an order which includes a term that the statement of case of a party will be struck out if the party does not comply with the order.