OpenLegislation

Rule 3.4 Power to strike out a statement of caseI1

England and Wales

(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; F1...

(c)

that there has been a failure to comply with a rule, practice direction or court order F2; or

F3(d)

that, in the case of a claimant’s statement of case—

(i)

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

(ii)

the claimant has failed to show that it is more likely than not the claim would succeed at trial.

(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.)

(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, F4the 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.

F5(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.

F6(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.

Annotations

Textual amendments

F1

Word in rule 3.4(2)(b) omitted (18.6.2025) by virtue of The Civil Procedure (Amendment) Rules 2025 (S.I. 2025/106), rules 1(2), 4(a); S.I. 2025/718, reg. 2(a)

F2

Word in rule 3.4(2)(c) substituted for full stop (18.6.2025) by The Civil Procedure (Amendment) Rules 2025 (S.I. 2025/106), rules 1(2), 4(b); S.I. 2025/718, reg. 2(a)

F3

Rule 3.4(2)(d) and words inserted (18.6.2025) by The Civil Procedure (Amendment) Rules 2025 (S.I. 2025/106), rules 1(2), 4(c); S.I. 2025/718, reg. 2(a)

F4

Words 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)

F5

Rule 3.4(6) inserted (1.10.2004) by The Civil Procedure (Amendment No.2) Rules 2004 (S.I. 2004/2072), rules 1(b), 5

F6

Rule 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

I1

Rule 3.4 in force at 26.4.1999, see Signature

Notes on Part 3

Textual amendments

F1

Words 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)

F2

Words in Pt. 3 Table of Contents inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(b)(i) (with rule 22)

F3

Words in Pt. 3 Table of Contents inserted (1.10.2015) by The Civil Procedure (Amendment No. 4) Rules 2015 (S.I. 2015/1569), rules 1(2), 3

F4

Words in Pt. 3 Table of Contents substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 6(b); S.I. 2014/954, art. 2(a)

F5

Words in Pt. 3 Table of Contents substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 3(1)

F6

Words in Pt. 3 Table of Contents inserted (19.3.2012) by The Civil Procedure (Amendment No.4) Rules 2011 (S.I. 2011/3103), rules 1, 4(a)(ii)

F7

Words in Pt. 3 Table of Contents inserted (6.3.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(b), 5(1)(a) (with rule 13(1)(2))

F8

Words in Pt. 3 Table of Contents inserted (6.3.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(b), 5(1)(b) (with rule 13(1)(2))

F9

Words in Pt. 3 Table of Contents substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 4(2)

F10

Words in Pt. 3 Table of Contents inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(b)(iii) (with rule 22)

F11

Words in Pt. 3 Table of Contents inserted (6.4.2016) by The Civil Procedure (Amendment) Rules 2016 (S.I. 2016/234), rules 2, 4 (with rule 23)

Modifications

C1

Pt. 3 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)

Notes on Case Management

Textual amendments

F1

Pt. 3 Section 1 heading inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(c) (with rule 22)