Strike out Flashcards
1
Q
Which CPR?
A
CPR 3.4
2
Q
What is SO?
A
Court may strike out a SOC if it discloses no reasonable grounds for bringing or defending the claim, if its an abuse of the courts process or if it fails to comply with a rule, PD or court order
3
Q
Effect of SO?
A
Can obtain judgment afterwards/quite easily.
Automatic win
4
Q
What about if you don’t meet SJ requirements but want SO?
A
If you don’t meet SJ requirements first, you won’t get SO.
SO is stronger than SJ.
5
Q
Test for SO?
A
SOC not clear; or no defence/blank denial
6
Q
When does it happen?
A
Beginning of proceedings
7
Q
Who can apply?
A
Both C and D
Parties and court officer can apply for strike out.
Judge with big marker pen
8
Q
SO or Further information?
A
Always pick SO, as it’s the strongest one
