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Strike Out Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

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A more recent version of these Strike 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:

STRIKE OUT

? limited to plain and obvious cases where trial pointless
? related to SJ but narrower in scope
? court may instead allow party to amend SoC THE TEST

? the court may strike out an SoC OR part of an SoC if: (a) it discloses no reasonable grounds for bringing or defending the claim;
? test: is the claim / defence bound to fail?examples:

i. incoherent ii. facts do not amount in law to a claim / defence iii. defence containing bare denialsstrike likely to be refused if:

i. developing areas of law ii. protracted examination of documents
----OR----

(b) it is an abuse of the court's process
? examples: i. claim issued after limitation ii. wrongly bringing ordinary claim instead of JR iii. fair trial no longer possible (evidence destroyed / forged, Ws dishonest)

iv. issuing a claim form without knowledge of basis for claim v. re-litigating amounting to an abuse e.g. claim settled, purpose is to challenge earlier findings

vi. res judicata
----OR----

(c) is otherwise likely to obstruct the just disposal of proceedings
? test: is claim vexatious, scurrilous or obviously ill founded?examples:

i. unreasonably vague, and not curable by amendment ii. joining party merely to obtain disclosure / costs
----OR----

(d) there has been failure to comply with a rule, PD, court order
? if several grounds relied on, instead ask: is it plain and obvious that trial is pointless?

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