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


Published by a ÑÇÖÞÉ«ÇéÍø Dispute Resolution expert
Practice notes

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


Published by a ÑÇÖÞÉ«ÇéÍø Dispute Resolution expert

Practice notes
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Strike out for Abuse of process–basis of application

Under CPR 3.4(2)(b), the court may strike out a statement of case if it appears to the court ‘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’.

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.

For the full suite of guidance on strike out and summary judgment applications, see: Summary judgment and strike out—overview.

Note: there is a degree of overlap between strike out for abuse applications under CPR 3.4(2)(b) and the doctrine

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Jurisdiction(s):
United Kingdom
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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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