Drafting note for application notice for strike out on basis of failure to comply—Commercial Court

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

  • Drafting note for application notice for strike out on basis of failure to comply—Commercial Court

Drafting note for application notice for strike out on basis of failure to comply—Commercial Court

Introduction

The application in the Commercial Court is made using Form N244CC.

Application notice—Commercial Court (Form N244(CC)) (Word)

Relevant Precedents

For other relevant Precedents, see:

Witness statement in support of application for strike out on the basis of failure to comply

Order for strike out on basis of failure to comply

For precedents on striking out a claim on other grounds, see:

Application notice for strike out on basis of abuse of process—Commercial Court

Application notice for strike out on the basis of no reasonable grounds—Commercial Court

General points

These drafting notes are to be used in conjunction with Form N244CC and are not designed for use with Form N244. If you are not making an application in the Commercial Court you need to use Form N244. For Form N244 and the associated drafting note, see Precedent: Application notice for strike out on basis of failure to comply.

Relevant CPR provisions

The ability to apply to strike out a statement of case on the basis that there has been a failure to comply with a rule, practice direction or court order is provided for under CPR 3.4(2)(c). Additionally, CPR 3.3(7) allows the court to strike out a statement of case of its own initiative. You should be aware of the guidance on applications for strike out pursuant to CPR 3.4(2) provided for in

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