DR - costs - strike out

Question 1

What does it mean when a court “strikes out”

Answer 1

“Strike out” is the deletion of written material from a statement of case so that it cannot be relied on in the proceedings by any party.

Question 2

Can the court “strike out” of it’s own initiative?

Answer 2

Yes. The court can strike out on it’s own initiative or on the application of a party”

Question 3

What is the difference between a “strike out” and a “default judgment”?

Answer 3

• Strike out focuses on the statement of case and so covers cases which do not amount to a legally recognisable claim or defence. The case or issues are weakly pleaded.
• Default judgement is the consequence of a defendant failing to respond to a claim. The court does not consider the merits of the case when ordering a judgement in default.

Question 4

What are the grounds for “strike out”?

Answer 4

a) The statement of case discloses no reasonable grounds for bringing or defending the claim. 💩

b) The statement of case is an abuse of the court’s process. 👺

c) There has been a failure to comply with a rule, practice direction or court order. 👨‍⚖️

Question 5

Can costs be claimed in respect of a “strike out”?

Answer 5

Normally yes. If the court makes an order that unless something is done the statement of case will be struck out, and then the party doesn’t do that thing, the other party can normally claim costs by filing a request with the courts.