2007 Rule 83

83. Striking out a statement of case and summary judgment

Rule 82 | Index | Rule 84

(1) A party may apply to the comptroller for him to strike out a statement of case or to give summary judgment.

(2) If it appears to the comptroller that-

  • (a) the statement of case discloses no reasonable grounds for bringing or defending the claim;
  • (b) the statement of case is an abuse of process or is otherwise likely to obstruct the just disposal of the proceedings; or
  • (c) there has been a failure to comply with a section, a rule or a previous direction given by the comptroller,

he may strike out the statement of case.

(3) The comptroller may give summary judgment against a claimant or defendant on the whole of a case or on a particular issue if-

  • (a) he considers that-
    • (i) that claimant has no real prospect of succeeding on the case or issue, or
    • (ii) that defendant has no real prospect of successfully defending the case or issue; and
  • (b) there is no other compelling reason why the case or issue should be disposed of at a hearing.
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