Striking out in UK Law

Leading Cases
  • Williams and Humbert Ltd v W. & H. Trade Marks (Jersey) Ltd
    • House of Lords
    • 12 Diciembre 1985

    My Lords, if an application to strike out involves a prolonged and serious argument the judge should, as a general rule, decline to proceed with the argument unless he not only harbours doubts about the soundness of the pleading but, in addition, is satisfied that striking out will obviate the necessity for a trial or will substantially reduce the burden of preparing for trial or the burden of the trial itself.

  • Arbuthnot Latham Bank Ltd v Trafalgar Holdings Ltd
    • Court of Appeal (Civil Division)
    • 16 Diciembre 1997

    In exercising its discretion as to whether to strike out the second action, that court should start with the assumption that if a party has had one action struck out for abuse of process some special reason has to be identified to justify a second action being allowed to proceed.

  • Anyanwu and Another v South Bank Students' Union and Another
    • House of Lords
    • 22 Marzo 2001

    For my part such vagaries in discrimination jurisprudence underline the importance of not striking out such claims as an abuse of the process except in the most obvious and plainest cases. Discrimination cases are generally fact-sensitive, and their proper determination is always vital in our pluralistic society. In this field perhaps more than any other the bias in favour of a claim being examined on the merits or demerits of its particular facts is a matter of high public interest.

  • Barrett v Enfield London Borough Council
    • House of Lords
    • 17 Junio 1999

    I further said that in an area of the law which was uncertain and developing (such as the circumstances in which a person can be held liable in negligence for the exercise of a statutory duty or power) it is not normally appropriate to strike out. In my judgment it is of great importance that such development should be on the basis of actual facts found at trial not on hypothetical facts assumed (possibly wrongly) to be true for the purpose of the strike out.

    On these grounds, the Strasbourg court held that the English court had breached Article 6 by striking out the claim made by the Osmans against the police without hearing any evidence by reference to which the proportionality of the rule in that particular case could be judged.

  • Biguzzi v Rank Leisure Plc
    • Court of Appeal (Civil Division)
    • 26 Julio 1999

    The fact that a judge has that power does not mean that in applying the overriding objectives the initial approach will be to strike out the statement of case. The advantage of the CPR over the previous rules is that the court's powers are much broader than they were. In many cases there will be alternatives which enable a case to be dealt with justly without taking the draconian step of striking the case out.

  • Real Time Systems Ltd v Renraw Investments Ltd and Others
    • Privy Council
    • 03 Marzo 2014

    There is no reason why the court, faced with an application to strike out, should not conclude that the justice of the particular case militates against this nuclear option, and that the appropriate course is to order the claimant to supply further details, or to serve an amended statement of case including such details, within a further specified period.

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Books & Journal Articles
  • Striking out in democracy
    • No. 4-2, April 2002
    • Punishment & Society
  • The practice of the European Court of Human Rights when striking out applications
    • No. 36-1, March 2018
    • Netherlands Quarterly of Human Rights
    This paper analyses how the European Court of Human Rights has applied Article 37 of the European Convention on Human Rights that gives it the power to strike out pending cases in the current conte...
    • No. 26-3, November 1988
    • British Journal of Industrial Relations
    Book reviewed in this article: The End of Organized Capitalism, by Scott Lash and John Urry New Technology and the Process of Labour Regulation, by Eric Batstone, Stephen Gourlay, Hugo Levie and Ro...
    ... ... RAY RICHARDSON London School of Economics Striking Out: trade unionism in social work, by Paul Joyce, Paul Corrigan and Mike Hayes. Macmillan, 1988, xi - 291, Cloth f30.00, Paper ... ...
  • A historical review of the control of corruption on economic crime in China
    • No. 23-1, January 2016
    • Journal of Financial Crime
    • 4-21
    Purpose: – The purpose of this paper is to provide a historical review of China’s anti-corruption efforts, from the ancient period of Chinese slavery societies to the late 1970s before China launch...
    ... ... that periodicmovements against corruption would no longer be helpful, and the paramount issue nowadays is indeedhow bold the leaders are in striking out those unhealthy tendencies.Originality/value – This paper lls in the blanks in the Western world with a comprehensivedescription of, and ... ...
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  • Application for directions (Part 29)
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... an Order is sought, as appropriate, and ... marking those paragraphs or parts of paragraphs for which an ... order is not sought, by striking through the paragraph or sub-paragraph ... number ... ...
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