The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
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:
a claimant in relation to a defence or a counterclaim
a defendant in relation to a claim
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:
Strike out for abuse of process (civil) (CPR 3.4(2)(b))
Strike out for failure to comply with a rule, practice direction or order (CPR 3.4(2)(c))
A statement of case may disclose no reasonable grounds for making the claim
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
On 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook was intended to benefit PRA-authorised firms, to access clearer and more concise rules. Alongside the Rulebook, supervisory statements and statements
The Financial Conduct Authority Handbook (FCA Handbook) includes sourcebooks to regulate the conduct of business by a regulated firm relevant to insurers: the Conduct of Business Sourcebook (COBS) and the Insurance Conduct of Business Sourcebook (ICOBS). This Practice Note considers how these
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.