KB-2025-MAN-000051 - [2025] EWHC 1926 (KB)

Strike Out

The application to strike out was issued on 2 April 2025. There is no application for summary judgment.

I remind myself that by CPR 3.4(2), I may strike out part of a Statement of Case if it appears that (amongst other reasons) the Statement of Case discloses no reasonable grounds for bringing or defending the claim. CPR PD 3 paragraph 1.2 provides that strike out may be appropriate where the Particulars of Claim (read with the relevant schedule of loss) “contain a coherent set of facts but those facts, even if true, do not disclose any legally recognisable claim against the defendant.”

Mr Hogarth, who appears for the Second Defendant, submits that those parts of the claim subject to the strike out application are bound to fail as a matter of law.

I accept that, for the purposes of a strike out application, I should consider the content of the document to which the application relates and take it at its highest. I also accept that if the matters of law relied on are developing or if the success of the relevant parts of claim might depend on factual findings at trial, that I should not grant the application.