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Striking Out Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

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A more recent version of these Striking Out notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

STRIKING OUT Court has power to direct whole or part of a statement of case to be struck out

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generally only concerned with the statement of case which it is alleged disclose no reasonable grounds for bringing/defending a claim.

May be on application by a party or of Court's own initiative Examples:

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Failure in Particulars of Claim to give concise statement of facts relied on,

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Bare denials in defence, or

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Statement of case, taken at its highest, does not amount to a sustainable claim/defence as a matter of law.

The Rule Power to Strike Out to be used sparingly - denies party right of access to the Court. Strike Out must be limited to plain and obvious cases where there is no point in having a trial

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sometimes case will only become clear after protracted argument,

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case may strengthen through process - eg. disclosure and Request for Further Information

Grounds Court may strike out a statement of case if it appears to the court that:

1. it discloses no reasonable grounds for bringing/defending the claim, or

2. the statement of case is an abuse of process or otherwise likely to obstruct the just disposal or proceedings, or

3. there has been a failure to comply with a rule / Practice Direction / Order. No Reasonable Grounds for Bringing or Defending the Claim Statement of case fails to disclose a claim/defence which is sustainable as a matter of law. Test: Is the claim/defence bound to fail?

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Claims "fraught with difficulty" will not be Strike Out.

Examples:

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Sets out no facts indicating what the claim is about,

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incoherent / makes no sense,

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even if facts true - does not amount in law to claim/defence,

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relief sought cannot be ordered by the court,

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facts set out do not constitute the cause of action/defence alleged, or

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defence does not answer claim being made.

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