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Duchess of Sussex v Associated Newspapers Ltd: ChD 1 May 2020

Defendant’s application for strike out elements of claimant’s case – granted in part. Held: The court summarised the core principles in considering an application to strike out a defence, saying that it: ‘ . . calls for analysis of the statement of case, without reference to evidence. The primary facts alleged are assumed to be … Continue reading Duchess of Sussex v Associated Newspapers Ltd: ChD 1 May 2020

Arcadia Group Brands Ltd and Others v Visa Inc and Others: CA 5 Aug 2015

Appeal by the claimants from the order of Simon J by which he ordered on summary judgment applications by the defendants that (1) the claimants are not entitled to rely on section 32(1)(b) of the Limitation Act 1980; and the claims are time barred pursuant to sections 2 and 9 of the 1980 Act insofar … Continue reading Arcadia Group Brands Ltd and Others v Visa Inc and Others: CA 5 Aug 2015

Wragg and Another v Partco Group Ltd UGC Ltd: CA 1 May 2002

A claim was made against directors of a company involved in a takeover, for failure to make proper disclosure. The case involved also other issues. The defendants appealed against a refusal to strike out the claim. Held: The rules made specific reference to cases in areas of law involving developing jurisprudence. This was one such, … Continue reading Wragg and Another v Partco Group Ltd UGC Ltd: CA 1 May 2002

Moroney v Anglo-European College of Chiropractice: CA 1 Nov 2009

The claimant appealed saying that on an application under Rule 3.4, the judge had without forewarning him struck out his case under part 24. Held: There is an overlap between the summary judgment and strike out jurisdictions to the extent that the court may treat an application under CPR 3.4(2)(a) as if it was an … Continue reading Moroney v Anglo-European College of Chiropractice: CA 1 Nov 2009

Independents’ Advantage Insurance Company Ltd v Cook and Another: CA 24 Jul 2003

‘The power of the court to strike out a statement of case under CPR 3.4(2)(a) – and the related power to give summary judgment under CPR 24.2 – has an important place in the disposal of claims in accordance with the Civil Procedural Rules. The exercise of those powers, in an appropriate case, gives effect … Continue reading Independents’ Advantage Insurance Company Ltd v Cook and Another: CA 24 Jul 2003

Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3): HL 22 Mar 2001

Misfeasance in Public Office – Recklessness The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI. Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also where he acted with knowledge of, or … Continue reading Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3): HL 22 Mar 2001