Striking out a Claim or a Defence
You can apply to ask the court to strike out your opponent's claim if you consider it is "vexatious" (mischief making), "scurrilous" (insulting), or "ill-founded" (wrong). This will mean the claim will not proceed.
Or you may apply to strike out your opponent's defence if it consists only of a bare denial with no facts, or if the facts could not possibly amount to a defence.
This will mean that you may then be able to enter judgment against your opponent.
You should use an Application Notice Form to apply and file a statement / affidavit in support if you want to draw the judge's attention to a number of facts in support of your application.
There will be a hearing at which time the judge will decide whether to make a "Striking Out Order". Your opponent can also file evidence setting out his / her position.
- Small Claims Court
- Can I bring a small claim?
- Claiming costs for a small claim
- Claiming interest in the small claims court
- Statutory Interest
- How to claim in the small claims court
- Deciding a Specific Issue
- Time limits for bringing a small claim
- Judgment in Default
- Summary Judgment
- Statement of Truth
- Striking out a Claim or a Defence
- Enforcement of a small claim judgment
- Affidavit in Support
- Bankruptcy in the small claims court
- Setting Aside Judgment
- Human Rights Act 1998 - and your civil case
- Links & Addresses