Podcast Location:
Download it here [file size: 24.8 MB]
Categories:
Civil Procedure
CPD Points:
Up to 1 point. details »

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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast gives an overview of the key issues surrounding strike out, including the grounds on which a party can make an application to strike out, the approach taken by the courts to such applications and the consequences of a strike out order being made. The recent case of Walbrook Trustees (Jersey) Ltd & Others v Fattal & Others (2009) EWCA Civ 297 in which the Court of Appeal considered an application to strike out for abuse of process is also discussed.

Outcomes:
After completing the course you will:
  • Understand the court's power to strike out and the approach it takes to exercising this power;
  • Know the various grounds on which a strike out application can be made;
  • Understand the consequences a strike out order will have for the parties concerned;
  • Be aware of the recent guidance given by the Court of Appeal as to the factors taken into account by the court when considering an application to strike out a statement of case for abuse of process.
Level:
Beginner Difficulty: 1 of 5
Classification:
Practical Guide
Procedural
Sources and References:
  • Civil Procedure Rules;
  • John Roger Firth v Clive Everitt [2007] EWHC 1979;
  • Three Rivers District Council v Bank of England No 3 (2001) UKHL 16;
  • Watson v Ian Snipe & Co (2002) EWCA Civ 293;
  • Equitable Life v Ernst & Young [2003] BCLC 603;
  • Asiansky Television plc v Bayer Rosin (2001) EWCA Civ 1792;
  • Ul-Haq and other v Shar (2008) EWHC 1896;
  • Wragg v Partco Group Ltd (2002) EWCA Civ 594;
  • Harris v Bolt Burden [2000] CPLR 9;
  • Price Meats Ltd v Barclays Bank plc [2000] 2 All ER (Comm) 346;
  • Wallis v Valentine (2002) EWCA Civ 1034;
  • Sodeca SA v NE Investments Inc [2002] EWHC 1700;
  • Walbrook Trustees (Jersey) Ltd & Others v Fattal & Others (2009) EWCA Civ 297;
  • Johnson v Gore Wood & C [2002] 2 AC 1;
  • Ashmore v British Coal Corporation [1990] 2 QB 338;
  • Burstall v Beyfus [1884] 26 ChD 35;
  • Day v William Hill (Park Lane) Ltd [1949] 1 KB 632 UCB;
  • Corporate Services Ltd v Halifax (SW) Ltd [1999] CPLR 691;
  • Circuit Systems Ltd v Zuken-Redac (UK) Ltd [2001] BLR 253 Re Abermeadow Ltd [2000] 2 BCLC 824.

This podcast provides an introduction to strike out, a powerful tool used to delete written material from a party's statement of case. In this podcast Fiona Ball explains the power and its consequences, considers the various grounds on which a strike out application may be made and discusses the court's approach.

Podcast added: 16/04/10

Podcast last reviewed: 2011-07-25

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