CL-2024-000271 - [2025] EWHC 2162 (Comm)

A Claim Form or Particulars of Claim may be struck out if it appears to the court that it discloses no reasonable grounds for bringing the claim: CPR 3.4(2)(a).

This ground covers statements of case which are obviously ill-founded and unwinnable (White Book 2025, §3.4.1) including those where the claim is bound to fail because of a point of law (including the construction of a document) (CPR PD3A, para. 1.5; White Book 2025, §3.4.21).

Any allegation of fraud must be pleaded with sufficient particularity to allow the defendant to understand the case he needs to meet: Three Rivers DC v Bank of England (No.3) [2003] 2 A.C 1, at [183] - [186], per Lord Millett; CPR PD 16, para.8.2(1); the Commercial Court Guide at C1.3(i(i), which provides that “full and specific details should be given of any allegation of fraud, dishonesty, malice or illegality”.

An unreasonably vague and incoherent statement of case which is likely to obstruct the just disposal of the case is also liable to be struck out under CPR 3.4(2)(b): Towler v Wills [2010] EWHC 1209 (Comm) at [16] – [19], per Teare J.

Subject to the above, the parties were in agreement, however, that on an application to strike out a claim the facts must be taken to be as pleaded in the statement of claim.