Strike Out Break Charter For Free

A plaintiff who seeks judgment for a liquidated demand with or without interest, or the recovery of land, with or without a claim for rent or mesne profits, can apply for summary judgment for the amounts claimed where a defendant has appeared but has not filed a defence (Order 36, rule 1, Civil Procedure Rules).

What does Strike Out mean? The court has the power to strike out (ie dismiss) either party's statement of case (in whole or in part only). A strike out will usually will end the claim (or part thereof). There are various grounds on which a party's claim may be struck out.

The effect of a striking out of a case by a Court is that the Claimant has a right to bring the same matter before the same Court or a Court of co-ordinate jurisdiction. However, the effect of a dismissal is that the Court has conclusively decided the case by delivering judgment.

Making the application You must set out the basis on which the strike out order is sought. This may include the entire claim/defence, or part of it. You should provide a summary of the facts you intend to rely upon, together with the law, and any supporting evidence.

If a case is 'struck out' it means the Court has dismissed it without a full hearing of all of the evidence. There are particular rules governing how a civil case may proceed; these are Civil Procedure Rules.

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.

CPR 3.8(4) permits the parties to agree to extend, by prior written agreement, the time for doing an act as specified in a court order or the CPR, for which the consequences of a failure to comply are specified.