Strike out—no reasonable grounds for bringing or defending the claim (CPR 3.4(2)(a))
Strike out—no reasonable grounds for bringing or defending the claim (CPR 3.4(2)(a))

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

  • Strike out—no reasonable grounds for bringing or defending the claim (CPR 3.4(2)(a))
  • What amounts to ‘no reasonable grounds’ for a strike out?
  • Developing area of law (no reasonable grounds strike out)
  • Badly drafted statements of case (no reasonable grounds strike out)
  • Basis for defence inapplicable (no reasonable grounds strike out)
  • Claim already compromised or settled (no reasonable grounds strike out)
  • Limitation (no reasonable grounds strike out)
  • Claim unsubstantiated or unsupported in evidence (no reasonable grounds strike out)
  • Party’s means (no reasonable grounds strike out)
  • Cartel competition claims (no reasonable grounds strike out)

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)(a), the court may strike out a statement of case if it appears to the court that the statement of case discloses no reasonable grounds for bringing or defending the claim.

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 under CPR 3.4(5).

For guidance on the other grounds on which the court may strike out a claim, see Practice Notes:

  1. Strike out for abuse of process (civil) (CPR 3.4(2)(b))

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

What amounts to ‘no reasonable grounds’ for a strike out?

A statement of case may disclose no reasonable grounds for making the claim

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