Strike out applications—what, who and when


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert
Practice notes

Strike out applications—what, who and when


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert

Practice notes
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This Practice Note considers who may bring an application to strike out a statement of case (or part of a statement of case), identifies the three grounds on which such application may be brought and timing issues as to when such an order may be made.

What is strike out under the CPR?

The court has the power to strike out a statement of case, in whole or in part, under CPR 3.4.

Under CPR 2.3(1), 'statement of case' means a claim form, particulars of claim, defence, counterclaim or other additional claim, reply to defence and any further information given under CPR 18.1.

Note: the court may strike out the particulars of claim but consider there is no good reason to strike out the claim form. In such circumstances it would be open to the claimant to apply to serve amended particulars of claim, although the court may set a deadline within which any application to amend must be made. See for example the decisions in Johnson v McArdle and Broomhead v National Westminster Bank.

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Jurisdiction(s):
United Kingdom
Key definition:
Strike out definition
What does Strike out mean?

The excision of written material from the record by the court, such that it may no longer be relied on.

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