Strike out for failure to comply with a rule, practice direction or order (CPR 3.4(2)(c))
Strike out for failure to comply with a rule, practice direction or order (CPR 3.4(2)(c))

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

  • Strike out for failure to comply with a rule, practice direction or order (CPR 3.4(2)(c))
  • What amounts to a failure to comply for a strike out?
  • Does striking out compromise your right to a fair trial?
  • Claimant’s persistent failures (failure to comply strike out)
  • Failure to validly serve the claim form and particulars (failure to comply strike out)
  • Disclosure failures (failure to comply strike out)
  • Failure to serve witness evidence (failure to comply strike out)
  • Inexcusable delay (failure to comply strike out)
  • Repeatedly ignoring legal advice (failure to comply strike out)
  • Non-compliance with unless orders (failure to comply strike out)
  • More...

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.

Under CPR 3.4(2)(c), the court may strike out a statement of case if it appears to the court that there has been a failure to comply with a rule, practice direction or court order.

It is evident from this that an application to strike out a statement of case on this ground may be brought by:

  1. a claimant in relation to a defence or a counterclaim

  2. a defendant in relation to a claim

  3. a third party defendant (Part 20 defendant) in relation to a claim against it

As seen in Practice Note: Strike out—court’s inherent jurisdiction and discretion, the court may also determine to strike out a statement of case of its own initiative.

What amounts to a failure to comply for a strike out?

Statements of case may be struck out if there has been a wholesale disregard of the rules and wilful, repeated failure to comply with court orders.

As with strike out under the other heads of CPR 3.4(2) (on which, see Practice Notes: Strike out—no reasonable grounds for bringing or defending the claim (CPR3.4(2)(a)) and Strike out

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