Strike out: an overview
A practice note providing an overview of the court's power to strike out a statement of case, or part of one, in civil litigation. This practice note examines the grounds for a strike out application under Civil Procedure Rule (CPR) 3.4 and the court's inherent jurisdiction. It details the specific grounds for strike out, including where a statement of case discloses no reasonable grounds for bringing or defending a claim, is an abuse of the court's process, or fails to comply with a rule or court order. The guidance explores the court's discretionary approach, emphasising that strike out is a powerful tool used sparingly as an order of last resort. This practice note also reviews the consequences of a successful order, the distinction from summary judgment applications under CPR 24, and considers specific forms of abuse such as delay, "warehousing" claims, and the Jameel jurisdiction.
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