Textual Amendments
F1Words in Pt. 3 heading inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(a) (with rule 22)
Modifications etc. (not altering text)
C1Pt. 3 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)
Textual Amendments
3.4—(1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.
(2) The court may strike out(GL) a statement of case if it appears to the court—
(a)that the statement of case discloses no reasonable grounds for bringing or defending the claim;
(b)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; or
(c)that there has been a failure to comply with a rule, practice direction or court order.
(3) When the court strikes out a statement of case it may make any consequential order it considers appropriate.
(4) Where—
(a)the court has struck out a claimant’s statement of case;
(b)the claimant has been ordered to pay costs to the defendant; and
(c)before the claimant pays those costs, [F3the 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,
the court may, on the application of the defendant, stay(GL) that other claim until the costs of the first claim have been paid.
(5) Paragraph (2) does not limit any other power of the court to strike out(GL) a statement of case.
[F4(6) If the court strikes out a claimant’s statement of case and it considers that the claim is totally without merit—
(a)the court’s order must record that fact; and
(b)the court must at the same time consider whether it is appropriate to make a civil restraint order.]
[F5(7) 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.]
Textual Amendments
F3Words in rule 3.4(4)(c) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 6(a); S.I. 2014/954, art. 2(a)
F4Rule 3.4(6) inserted (1.10.2004) by The Civil Procedure (Amendment No.2) Rules 2004 (S.I. 2004/2072), rules 1(b), 5
F5Rule 3.4(7) inserted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 4(1)
Commencement Information