strike out applications

In English litigation, courts have the power to remove the whole or part of a statement of case (traditionally referred to as a pleading). The power to do so may be exercised on the application of an opposing party in the litigation where (a) the statement of case (usually particulars of claim or a defence) does not disclose a cause of action, such that there is no reasonable ground for bringing or defending the claim, (b) the pleading does not contain a sufficient precise statement of the facts upon which the claimant relies, (c) inadequate reasons are given for a denial in a defence, or (d) the proceedings are an abuse of the process of the court.

The power to strike out may also be exercised of its own motion, without notice to the parties. Striking out particulars of claim and defences may also be ordered by courts as a measure to address repeated failures by a party to comply with case management directions, practice directions or other orders of the court.

Applications to strike out should be supported by evidence, unless the application is based solely on a point of law. The court is at liberty to treat a strike out application as one for summary judgment in order to finally dispose of issues that are unworthy of pre-trial processes and investigation. Such applications are properly brought prior to the filing of allocation questionnaires, and a defendant who files a defence on the merits in response to defective particulars of claim is at risk of being denied its application, as the application is inconsistent with defending the proceedings.

A court may be inclined to exercise its power to strike out the whole or part of a statement of case is where that statement of case discloses no reasonable grounds for bringing or defending a claim. Such cases include particulars of claim or a defence which:

1. do not set out facts indicating what the claim is about,
2. those which are incoherent and make no sense,
3. those which contain a coherent set of facts but those facts, even if true, do not disclose any legally recognisable claim against the other party or do not amount in law to a defence to the claim, and
4. are vexatious, scurrilous or obviously ill-founded. In making the assessment, the court will assume that each of the allegations pleaded are true.

When a strike out application is successful, either the proceedings are struck out in their entirety or some part of the pleading is struck out. A successful strikeout application may lead the court to enter judgment in favour of the other party, bringing an end to the issues and disputes before the court.

Strike out applications serve a similar purpose to summary judgment applications. Both types of applications are properly available in litigation which does not require full investigation and a trial. In respect to costs, the usual rule is the party whose statement of case has been struck out will be liable to pay the costs of the other parties involved in the litigation.

Usage: Upon receiving a defence that the defendant was formed under federal laws of the United States, the claimant filed a strike out application as the defence was doomed to fail.

Related Words: pleadings; statement of case; particulars of claim; defence: litigation; application notice; abuse of process; summary judgment; interim relief; default judgment; locus standi; particulars of claim; defence: litigation; request for further information and clarification; litigation; witness statement; claimant; defendant.