Section 3.4

In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case. The court may strike out(GL) a statement of case if it appears to the court— (Rules 20.2 and 20.3 provide that counterclaims and other additional claims are treated as claims and that references to a claimant include a party bringing an additional claim.) that the statement of case discloses no reasonable grounds for bringing or defending the claim; that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; ... that there has been a failure to comply with a rule, practice direction or court order ; or that, in the case of a claimant’s statement of case— the claim is strategic litigation against public participation, being a SLAPP claim within the meaning of section 195 of the Economic Crime and Corporate Transparency Act 2023; and the claimant has failed to show that it is more likely than not the claim would succeed at trial. When the court strikes out a statement of case it may make any consequential order it considers appropriate. Where— the court may, on the application of the defendant, stay(GL) that other claim until the costs of the first claim have been paid. the court has struck out a claimant’s statement of case; the claimant has been ordered to pay costs to the defendant; and before the claimant pays those costs, the claimant starts another claim against the same defendant, arising out of facts which are the same or substantially the same as those relating to the claim in which the statement of case was struck out, Paragraph (2) does not limit any other power of the court to strike out(GL) a statement of case. If the court strikes out a claimant’s statement of case and it considers that the claim is totally without merit— the court’s order must record that fact; and the court must at the same time consider whether it is appropriate to make a civil restraint order. If a defendant applies to strike out all or part of the claim form or particulars of claim, that defendant need not file a defence before the hearing.

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Source: legislation.gov.uk · retrieved 2026-08-15