2023년 2월 26일 일요일

Explain striking out a case in English civil procedure.

In English civil procedure, striking out a case refers to the process by which a party to a civil claim can ask the court to dismiss the other party's claim or defense, either in whole or in part, on the grounds that it is frivolous, vexatious, or otherwise has no reasonable prospect of success. The court has the power to strike out a claim or defense at any stage of the proceedings, either on its own initiative or on the application of a party. The court may also strike out a claim or defense if it is an abuse of process, or if it is otherwise likely to cause unnecessary expense or delay in the proceedings. To apply for a striking out order, the party making the application must prepare a written application setting out the grounds for the application, the legal authority relied upon, and any evidence in support. The application must be filed with the court and served on the other party, who will have an opportunity to respond to the application. The court will consider various factors in deciding whether to grant the striking out order, such as the strength of the case, the complexity of the legal issues involved, and the balance of convenience between the parties. If the court grants the striking out order, the claim or defense will be dismissed, and the party whose claim or defense has been struck out may be ordered to pay costs. It is important to note that striking out a claim or defense is a drastic measure, and should only be used in cases where it is clearly justified. The court will not lightly strike out a claim or defense, as it may deprive a party of their right to a fair trial. Therefore, it is essential to seek legal advice before making an application for a striking out order, and to ensure that the grounds for the application are properly supported by evidence.

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