Strike out—no reasonable grounds for bringing or defending the claim (CPR 3.4(2)(a))


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert
Practice notes

Strike out—no reasonable grounds for bringing or defending the claim (CPR 3.4(2)(a))


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert

Practice notes
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Under CPR 3.4(2)(a), the court may Strike out a statement of case if it appears to the court ‘that the statement of case discloses no reasonable grounds for bringing or defending the claim’.

It is evident from this that an application to strike out a statement of case on this ground may be brought by:

  1. •

    a claimant in relation to a defence or a counterclaim

  2. •

    a defendant in relation to a claim

  3. •

    a third party defendant (Part 20 defendant) in relation to a claim against it

As seen in Practice Note: Strike out—court’s inherent jurisdiction and discretion, the court may also determine to strike out a statement of case of its own initiative under CPR 3.4(5).

For guidance on the other grounds on which the court may strike out a claim, see Practice Notes:

  1. •

    Strike out for abuse of process (civil) (CPR 3.4(2)(b))

  2. •

    Strike out for failure to comply with a rule, practice direction or order (CPR 3.4(2)(c))

Focus on statement of case

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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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