Striking Out Notes

STRIKING OUT Court has power to direct whole or part of a statement of case to be struck out * 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: * Failure in Particulars of Claim to give concise statement of facts relied on, * Bare denials in defence, or * 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 * sometimes case will only become clear after protracted argument, * 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? * Claims "fraught with difficulty" will not be Strike Out. Examples: * Sets out no facts indicating what the claim is about, * incoherent / makes no sense, * even if facts true - does not amount in law to claim/defence, * relief sought cannot be ordered by the court, * facts set out do not constitute the cause of action/defence alleged, or * defence does not answer claim being made. 

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