Striking Out

The Civil Procedure Rules' own glossary defines striking out in plain terms: 'Striking out means the court ordering written material to be deleted so that it may no longer be relied upon.' The detailed power sits in rule 3.4 of the CPR, which lists the grounds on which the court may strike out a statement of case (or part of one). The first ground is that 'the statement of case discloses no reasonable grounds for bringing or defending the claim'.

The remaining grounds under rule 3.4 allow strike out where the statement of case 'is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings', or where 'there has been a failure to comply with a rule, practice direction or court order'. A further, more recent ground allows strike out of a claimant's statement of case where the claim is a Strategic Lawsuit Against Public Participation (a 'SLAPP' claim, as defined by the Economic Crime and Corporate Transparency Act 2023) and the claimant has failed to show it is more likely than not to succeed at trial.