Case Management Powers and Striking Out

Question 1

What is the court’s power to make orders on its own initiative?

Answer 1

No triggering event needed; they can make an order when they feel

Question 2

What can a party respond with if a court makes an order on its own initiative without hearing?

Answer 2

Parties can make representations to set aside, stay or vary the order

Question 3

What is the time limit in which a party can respond to a court order on its own initiative?

Answer 3

If no set day, within 7 days

Question 4

What is the court’s power to strike out?

Answer 4

Deletion of written material from a statement of case so cannot be relied on

Question 5

What is the difference between strike out and summary judgement?

Answer 5

Strike out focuses on statement of case which do not amount to legally recognisable claim or defence. Summary judgement covers cases which are weak on faces

Question 6

What is the difference between strike out and default judgement?

Answer 6

Default judgement is procedural error. The court does not consider the merits of the case when ordering judgement in default

Question 7

How many grounds for strike out are there?

Answer 7

3

Question 8

What are the grounds for strike out?

Answer 8

A) Statement of case has no reasonable grounds for bringing or defending

B) Statement of case seen as abuse of process

C) There has been a failure to comply with a rule, practice direction or court order

Question 9

What constitutes no reasonable ground for bringing/defending the claim?

Answer 9

If it discloses no claim or defence as a matter of law

Question 10

What is an example of a C and a D statement of case with no reasonable ground for bringing/defending the claim?

Answer 10

C – He owes me 5 racks. (no further explanation). D – I don’t owe badaman 5 racks. (no further explanation)

Question 11

What constitutes an abuse of process / likely to obstruct just disposal of proceedings?

Answer 11

Misuse of procedure – a vexatious litigant. Starting a claim with no genuine intention of taking the case further.

Question 12

What are examples of failure to comply with a rule, practice direction or court order?

Answer 12

Late service of statements of case. Late exchange of documents. Failure to attend court when ordered to do so. Unprepared for court hearings

Question 13

What is the likely order failure to comply with rules / court orders?

Answer 13

Likely not striking out statements of case, but rather, imposing sanctions

Question 14

What can the other party do when a statement of case is strike out?

Answer 14

Can obtain judgement with costs by filing simple request at court