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 true. The Court should not be deterred from deciding a point of law; if it has all the necessary materials it should ‘grasp the nettle” . . But it should not strike out under this sub-rule unless it is ‘certain’ that the statement of case, or the part under attack, discloses no reasonable [defence] . . Even then, the Court has a discretion; it should consider whether the defect might be cured by amendment; if so, it may refrain from striking out and give an opportunity to make such an amendment.’
Judges:
Mr Justice Warby
Citations:
[2020] EWHC 1058 (Ch), [2020] EMLR 21
Links:
Statutes:
Civil Procedure Rules 3.4(2)(a)
Jurisdiction:
England and Wales
Cited by:
See Also – HRH The Duchess of Sussex v Associated Newspapers Ltd ChD 11-Feb-2021
Defence had no prospect of success – Struck Out
The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment.
Held: Warby J . .
Lists of cited by and citing cases may be incomplete.
Information, Media
Updated: 23 July 2022; Ref: scu.650757
