Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Strike out definition

What does Strike out mean? Strike out refers to the court removing all or part of a claim, defence or other pleading, or excising passages from evidence (such as a witness statement or affidavit), so the material is no longer on the record and cannot be relied on. It is a case‑management power used to summarily dispose of issues or exclude inadmissible or non‑compliant material, on application or of its own initiative. Typical grounds include no reasonable grounds to bring or defend the claim, abuse of process, failure to comply with rules, practice directions or court orders, and matter that is scandalous, irrelevant, oppressive or inadmissible. England...

Abuse of process and strike out under CPR 3.4(2)(b) (England and Wales): two-stage test, Hunter and Jameel abuse, leading cases and practical guidance

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Practice notes

Strike out for Abuse of process–basis of application

Under CPR 3.4(2)(b), the court has power to strike out a statement of case where it considers the pleading to be an abuse of the court’s process, or where it is otherwise likely to impede the just disposal of the proceedings. It follows that an application to strike out on this basis can properly be advanced by any party against the relevant statement of case, namely:

a claimant, in respect of a defence or a counterclaim
a defendant, in relation to a claim
a third party defendant (Part 20 defendant), concerning a claim brought against it

As noted in Practice Note: Strike out—court’s inherent jurisdiction and discretion, the court may equally choose to strike out a statement of case on its own initiative. For comprehensive guidance on the approach to strike out and summary judgment, see: Summary judgment and strike out—overview. Note: there is some overlap between applications to strike out for abuse under CPR 3.4(2)(b) and the doctrine of res judicata, as well as Henderson abuse; see Practice Note: Res judicata and Henderson abuse...

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Web page updated on 21/05/2026

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