The defendant applied to strike out the claimant’s statement of case as disclosing no reasonable cause of action. The points of claim ran to 228 paragraphs, and they said that they repeated matters covered in the evidence filed in support. On appeal against dismissal of the application, it was held that there were circumstances where pleadings might have to quote extensively from such materials. Such an application should succeed only if no cause of action could be made out, and a full trial might be avoided.
Citations:
Times 25-Jan-2000, Gazette 20-Jan-2000
Jurisdiction:
England and Wales
Cited by:
See Also – Morris and others v Bank of America and National Trust Savings Association and others CA 25-Mar-2002
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Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 11 May 2022; Ref: scu.83843
