Strike out Proceedings in UK Law

Leading Cases
  • Wallis v Valentine
    • Court of Appeal (Civil Division)
    • 18 juillet 2002

    First, where Simon Brown LJ speaks in paragraph (2)(ii) of the conduct of the proceedings, this is not confined as Mr Price submitted, to the conduct of proceedings after the issue of the claim, but includes the initiation of the claim itself. Secondly, at the interlocutory stage the test is an objective one. Lord Denning MR dissented; he considered the action was brought for the collateral purpose of cutting off the channels of distribution of the defendant's paper 'Private Eye'.

  • Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly known as Contour Aerospace Ltd)
    • Supreme Court
    • 03 juillet 2013

    Fourth, there is the principle that even where the cause of action is not the same in the later action as it was in the earlier one, some issue which is necessarily common to both was decided on the earlier occasion and is binding on the parties: Duchess of Kingston's Case (1776) 20 St Tr 355.

    The principle in Henderson v Henderson has always been thought to be directed against the abuse of process involved in seeking to raise in subsequent litigation points which could and should have been raised before. There was nothing controversial or new about this notion when it was expressed by Lord Kilbrandon in Yat Tung.

  • Marcan Shipping (London) Ltd v Kefalas and Candida Corporation
    • Court of Appeal (Civil Division)
    • 17 mai 2007

    agreed, reflect a more robust approach to litigants whose conduct is liable to subvert the overall fairness of the proceedings. Moreover, Ward L.J. was at pains to emphasise that the principles embodied in the CPR may justify a more robust approach to litigants whose conduct is liable to have that effect.

  • Salim Shalabayev v JSC BTA Bank
    • Court of Appeal (Civil Division)
    • 07 octobre 2016

    Although the judge paid lip service to this principle in his judgment, he did not to my mind provide adequate reasons why the present case was "a rare case". It was unfortunate that he was apparently not referred to In re Norris. In my judgment not only was he wrong as a matter of principle but also, as Mr. Sheehan submitted, he took into account and gave undue weight toinappropriate factors.

  • Grovit and Others v Doctor and Others
    • House of Lords
    • 24 avril 1997

  • Unilever Plc v Procter and Gamble Company
    • Court of Appeal (Civil Division)
    • 28 octobre 1999

    They show that the protection of admissions against interest is the most important practical effect of the rule. But to dissect out identifiable admissions and withhold protection from the rest of without prejudice communications (except for a special reason) would not only create huge practical difficulties but would be contrary to the underlying objective of giving protection to the parties (in the words of Lord Griffiths in Rush & Tompkins at p.1300)

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Legislation
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • 1 janvier 1998
    ... ... 1991/1247, rule 10.27(5) (as inserted by The Family Proceedings (Amendment) Rules 2003 (S.I. 2003/184), rules 1(1), 16) ... Power to strike out a statement of case ... ...
  • Trade Union Act 2016
    • UK Non-devolved
    • 1 janvier 2016
    ... ... of electronic balloting before it is rolled out across union strike ballots. (3) ... 45D (appeal from Certification Officer on question arising in proceedings etc under section ... ...
  • The Tribunal Procedure (Upper Tribunal) Rules 2008
    • UK Non-devolved
    • 1 janvier 2008
    ... ... These Rules apply to proceedings before the Upper Tribunal ... The Upper Tribunal must strike out the whole or a part of the proceedings if the Upper Tribunal ... ...
  • The Valuation Tribunal for Wales (Wales) (Amendment) Regulations 2013
    • Wales
    • 1 janvier 2013
    ... ... “Striking out proceedings ... 32A.—(1) The Valuation Tribunal may strike out an appeal or part of ... ...
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Books & Journal Articles
  • Disclosing Lawyers: Questioning Law and Process in the Admission of Australian Lawyers
    • No. 41-2, June 2013
    • Federal Law Review
    • 0000
    Australian lawyers are assessed and admitted to practise at a state and territory level. An important part of that assessment is an applicant's ‘suitability’ for professional practise; also referre...
    ... ... States Court of Appeals Fourth Circuit95 and court proceedings alleging a false statutory declaration and the giving of false ... pro forma for admission re quires an applicant to accept, or to strike out and disclose information regarding, the following statement: 'I am ... ...
  • Civil Procedure Rules - Extracts
    • Appendices
    • Vexatious Litigants and Civil Restraint Orders. A Practitioner's Handbook
    • David Giles/Maurice Rifat
    • 161-177
    ... ... (a) from making any further applications in current proceedings (a limited civil restraint order); ... (b) from issuing certain claims or ... Power to strike out a statement of case 3.4 ... (1) In this rule and rule 3.5, reference ... ...
  • Arbitration
    • Construction Law. Volume III - Third Edition
    • Julian Bailey
    • 1975-2118
    ... ... of being referred to commercial arbitration 2028 Stay of court proceedings 2029 (i) Generally 2029 (ii) Loss of ability to obtain a stay 2034 ... Furthermore, an application by a defendant to strike out proceedings against it, on the basis of the proceedings being ... ...
  • The Tests for Inconsistency under Section 109 of the Constitution
    • No. 10-1, March 1979
    • Federal Law Review
    • 0000
    Mr Murray-Jones is concerned to re-examine the rules which have developed with respect to the interpretation of s. 109 of the Constitution. He looks first at the “cover-the-field” test enunciated b...
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Law Firm Commentaries
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Forms
  • Request for change
    • HM Courts & Tribunals Service court and tribunal forms
    Special Educational Needs and Disability (SEND) Tribunal forms including the education, health and care (EHC) plan form to appeal against a decision.
    ... ... Permission to amend grounds of appeal/response ... Strike out the appeal/LA barred ... Permission to bring an additional witness ... tribunal proceedings ... For details of the standards we follow when processing your data, ... ...
  • Notice of Allocation to the small claims track (Hearing)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to matters raised in the Administrative Court, including challenges to decisions made by organisations such as local authorities and regulators.
    ... ... give notice that you will not attend, the district ... judge may strike out your claim, defence or ... counterclaim. If the claimant attends but ... of the claim the claimant or defendant wishes to start fresh proceedings a new claim ... must be filed together with the appropriate fee or ... ...
  • Notice of Allocation to the small claims track - no hearing (specimen form)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to matters raised in the Administrative Court, including challenges to decisions made by organisations such as local authorities and regulators.
    ... ... If, following strike out of the claim the claimant or defendant wishes to start fresh ... ...
  • Notice of Allocation to the fast track
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to matters raised in the Administrative Court, including challenges to decisions made by organisations such as local authorities and regulators.
    ... ... If, following strike out of the claim the claimant or defendant wishes to start fresh ... ...
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