Strike out

Question 1

What is the power to strike out in legal proceedings?

Answer 1

Deletion of written material from a statement of case so that it cannot be relied upon by any party in proceedings

Question 2

What is the most extreme form of strike out?

Answer 2

Deletion of the entire SoC

Question 3

Who can initiate the power to strike out?

Answer 3

The court on its own initiative or on application of a party

Question 4

How is the power to strike out used in legal proceedings?

Answer 4

Used sparingly – rather get the party at fault to amend

Question 5

What are the grounds for striking out a statement of case?

Answer 5

• SoC discloses no reasonable ground for bringing or defending the claim
• SoC is an abuse of the court’s process or otherwise likely to obstruct the just disposal of proceedings
• Failure to comply with a rule, PD or court order

Question 6

What does it mean if a SoC discloses no reasonable ground for bringing or defending the claim?

Answer 6

There is no matter of law, e.g., no Duty, Breach, Causation, Loss

Question 7

What constitutes an abuse of the court’s process?

Answer 7

Commencing a claim with no intention of taking the claim further

Question 8

If a fair hearing is possible, is the court likely to commit to strike out?

Answer 8

No - more likely to impose sanctions

Question 9

What can a party whose SoC is not struck out generally obtain?

Answer 9

Judgment with costs

Question 10

CPR for strike out

Answer 10

CPR 3.4