Short answer
Prepare the pleadings, court orders, procedural history, evidence of non-compliance or abuse, application notice, draft order, hearing date and any summary judgment or amendment issues.
Quick checklist
Start with these
Best order
How to organise the first pack
- Identify the pleading or paragraph under challenge.
- Put the current order and next deadline first.
- Add the procedural chronology and relevant correspondence.
- Separate legal submissions from evidence that must be proved.
Identify What Would Be Struck Out
Start by identifying whether the proposed application concerns a claim, defence, reply, counterclaim, part of a pleading or a court order made after non-compliance.
This guide is general preparation information only. It does not advise whether a statement of case should be struck out, amended or answered another way.
- Claim form, particulars of claim, defence, reply and counterclaim if any.
- The exact paragraphs or issues said to disclose no reasonable grounds.
- Court orders, directions, unless orders and evidence of non-compliance.
- Correspondence about amendment, clarification, settlement or withdrawal.
- Application notice, draft order, witness statement and hearing notice if prepared.
Explain The Grounds And Evidence
CPR Part 3 includes powers to strike out a statement of case for reasons including no reasonable grounds, abuse of process, obstruction of just disposal, non-compliance with a rule, practice direction or order, and certain SLAPP-related failures.
The enquiry should separate legal argument from facts that need evidence. If the issue is mainly a point of law, say so. If facts must be proved, identify the witness or document relied on.
- Chronology of issue, service, pleadings, directions and defaults.
- Evidence of missed deadlines, defective pleading or repeated non-compliance.
- Any previous applications, costs orders or warnings from the court.
- Why amendment, further information or ordinary case management may or may not be enough.
- Part 24 summary judgment material if that route is also being considered.
Deadlines, Costs And Scope
Applications should be prepared around the current procedural timetable, allocation stage, hearing date and any order requiring prompt action. Include the court, claim number and every filing or service deadline.
A barrister may draft or review an application, evidence, skeleton argument or advice. Ongoing litigation conduct, filing, service, disclosure and correspondence may require solicitor support. A Barristers4U enquiry does not file an application or extend a court deadline.
Avoid delays
What not to send first
- Asking for strike out without sending the pleading.
- Omitting court orders or unless-order wording.
- Treating strike out and summary judgment as automatically interchangeable.
Source note: source-checked against Civil Procedure Rules Part 3, Practice Direction 3A and Part 23 materials on 14 September 2026. Strike-out merits, evidence needs, amendment, costs, summary judgment overlap and totally-without-merit consequences need specialist civil litigation review before publication.
Claim and official-source ledger
- Civil Procedure Rule 3.4 sets out powers to strike out a statement of case, including for no reasonable grounds, abuse of process or non-compliance.
- Part 3 - The Court's Case Management Powers — Civil Procedure Rules - Justice UK; checked .
- Practice Direction 3A supplements CPR rule 3.4 and gives procedural guidance for strike-out applications and their relationship with summary judgment.
- Practice Direction 3A - Striking Out A Statement Of Case — Civil Procedure Rules - Justice UK; checked .
Editorial status: Review required. Sources support the identified claims only. General information; not legal advice.
Strike-Out Application Barrister Evidence Guide FAQs
Can a barrister help with a strike-out application?
A civil litigation barrister may advise on the grounds, evidence, application notice, draft order, skeleton argument or representation where the work is suitable for Direct Access.
Is strike out the same as summary judgment?
No. The routes may overlap, but they are distinct. CPR Practice Direction 3A notes that a party may apply under rule 3.4, Part 24 or both depending on the issue.
Does this guide say whether I should apply?
No. Strike-out applications can carry costs and case-management risks. Specific advice is needed on the pleadings, facts and procedural history.
Ask For A Barrister Quote
Barristers4U helps clients request a quote from a suitable Direct Access barrister. The information on this page is general information only, not legal advice about your individual circumstances.
If your matter is urgent, include hearing dates, court deadlines, orders and any documents you already have when you submit your enquiry.
