Case No. FD11D02580
Family Court

Case No. FD11D02580

Fecha: 29-Jul-2022

Power to strike-out a statement of case

“(1) …. the court may strike-out 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 application;(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 …”.58.Practice Direction FPR PD4A sets out the following:-“1.1 Rule 4.4 enables the court to strike-out the whole or part of a statement of case which discloses no reasonable grounds for bringing or defending the application (rule 4.4(1)(a)), or which is an abuse of the process of the court or otherwise likely to obstruct the just disposal of the proceedings (rule 4.4(1)(b)). These powers may be exercised on an application by a party or on the court’s own initiative.1.1A Before exercising these powers the court must take into account any written evidence filed in relation to the application or answer (rule 4.4(1A)). For example, the court must take into account the financial statement (Form E) filed in relation to an application for a property adjustment order, pension sharing order and other financial orders.”59.Para 2 provides examples of the type of cases which may be captured by the rule:“