Striking out a statement of case


Published by a ³ÉÈËÓ°Òô Family expert
Practice notes

Striking out a statement of case


Published by a ³ÉÈËÓ°Òô Family expert

Practice notes
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This Practice Note explains the court's power to strike out a statement of case. It summarises the grounds on which a strike out may be ordered and the procedure on an application. It looks at the court's discretion, consequential directions following an order to strike out and civil restraint orders. Challenging strike out orders and the court's power to strike out of its own motion are also covered, together with the Supreme Court decision in Wyatt v Vince.

Strike out

Under its case management powers the court has the power to strike out the whole or part of a statement of case. Striking out means the court ordering written material to be deleted so that it may no longer be relied upon. A statement of case for these purposes is defined as the whole or part of an application form or answer. This power does not apply to proceedings to which the following parts of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 apply:

  1. •

    Part 12—Proceedings relating to children except parental order proceedings and proceedings

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Statement of case definition
What does Statement of case mean?

Formal court documents setting out a party's case. They include claim form; particulars of claim; defence; reply to defence; Part 20 claims and further information under CPR Pt 18.

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