Strike Out Form For Free

By reliance on the Civil Procedure Rules you are able to apply to the court under Part 3.4 to strike out any claim where the other party's Statement of Case discloses no reasonable grounds for bringing or defending the claim. In addition the court may also rule to strike out pleadings on its own initiative.

The court can strike off the pleadings only if it is satisfied that the same are unnecessary, scandalous, frivolous or vexatious or tend to prejudice, embarrass or delay the fair trial of the suit or the court is satisfied that suit is an abuse of the process of the court.

Court will strike out proceedings where deliberate and malicious default in discovery.The Rules of the Superior Courts provide that if any party to litigation fails to comply with any order for discovery or inspection of documents, his claim or defence, as the case may be, may be dismissed or struck out.

An application to strike out may be made by any party to the proceedings or by the court acting on its own initiative. The powers of the court to strike out a claim are not limited so as to be exercisable only on the application of a defendant against whom the substantive relief is claimed.

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.

If a pleading contains averments which are scandalous, vexatious, or irrelevant, the opposite party may, within the period allowed for filing any subsequent pleading, apply for the striking out of the aforesaid matter.

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).