Strike out applications—what, who and when

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Strike out applications—what, who and when
  • What is strike out under the CPR?
  • Strike out—meaning and effect of a strike out order
  • Strike out—conditional orders
  • Strike out—overriding objective and underlying principles
  • Striking out for irrelevancy
  • Strike out—when can you apply?
  • Strike out—pre-action admissions
  • Strike out—pre-disclosure
  • Strike out—early stage of proceedings
  • More...

Strike out applications—what, who and when

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus (COVID-19) implications for dispute resolution.

This Practice Note considers who may bring an application to strike out a statement of case (or part of a statement of case), identifies the three grounds on which such application may be brought and timing issues as to when such an order may be made.

What is strike out under the CPR?

The court has the power to strike out a statement of case, in whole or in part, under CPR 3.4.

Under CPR 2.3(1), 'statement of case' means a claim form, particulars of claim, defence, Part 20 claim, reply to defence and any further information given under CPR 18.1.

Note: the court may strike out the particulars of claim but consider there is no good reason to strike out the claim form. In such circumstances it would be open to the claimant to apply to serve amended particulars of claim, although the court may set a deadline within which any application to amend must be made. See for example the decisions in Johnson v McArdle and Broomhead v National Westminster Bank. For detailed

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