Strike out a statement of case

Question 1

What is a strike out?

Answer 1

A power of the court to have any statement of case struck out i.e. removed from proceedings

Question 2

What is the key consequence for the applicant who suceeds on a strike out?

Answer 2

It may become easier for them to obtain judgment (e.g. via summary judgment)

Question 3

Could you be asked to make an application for strike out and summary judgment simultaneously?

Answer 3

Yes!

Question 4

What part of the CPR deals with strike out?

Answer 4

Part 3.4

Question 5

Which parties to a case can apply for strike out?

Answer 5

Claimant or defendant

Question 6

Is the power of the court to issue a strike out order discretionary or mandatory?

Answer 6

Discretionary

Question 7

Set out the three grounds that an applicant can ask for a strike out.

Note: there are 3 possible grounds.

Answer 7

1. The SoC shows no reasonable grounds for bringing/defending the claim
2. The SoC is an abuse of court’s process
3. The other party has failed to comply with a rule, PD, or court order

Question 8

Does an applicant have to show all 3 grounds for a strike out?

Answer 8

No - just at least one.

Question 9

Give an example for no reasonable grounds for a Particulars of Claim and a Defence

Answer 9

1. POC - no explanation of why a sum of money is owed, or does not disclose a legally recognised cause of action
2. Defence - bare denial of a claim, or facts do not amount to a defence

Question 10

Give some examples of the abuse of court process ground

Answer 10

• Frivillous or malicious claims
• Claim puts D to expense or is harassment
• Personal animosities disguised as a dispute
• Repeat or re-litigation of disputes

Question 11

Give examples of the non-compliance ground

Answer 11

• Failing to attend trials/hearings
• Failing to pay fees
• Failing to give specific disclosure, exchange evidence, or compile trial bundle
• Failure to obey Case Management Directions
• Failure to comply with deadlines/time limits