![]() ![]() (2) an order that the claim form be retained by the court and not served until the stay is lifted, (1) an order that the claim be stayed until further order, The judge may on they own initiative make an immediate order designed to ensure that the claim is disposed of or proceeds in a way that accords with the rules.Ģ.2 The judge may allow the claimant a hearing before deciding whether to make such an order. In such a case the party concerned may make an application under rule 3.4 or apply for summary judgment under Part 24 (or both) as they think appropriate.ġ.6 Where a rule, practice direction or order states ‘shall be struck out or dismissed’ or ‘will be struck out or dismissed’ this means that the striking out or dismissal will be automatic and that no further order of the court is required.īack to top Claims which appear to fall within rule 3.4(2)(a) or (b)Ģ.1 If a court officer is asked to issue a claim form which they believe may fall within rule 3.4(2)(a) or (b) they should issue it, but may then consult a judge (under rule 3.2) before returning the claim form to the claimant or taking any other step to serve the defendant. ![]() ![]() (2) the facts it sets out, while coherent, would not amount in law to a defence to the claim even if true.ġ.5 A party may believe they can show without a trial that an opponent’s case has no real prospect of success on the facts, or that the case is bound to succeed or fail, as the case may be, because of a point of law (including the interpretation of a document). (1) it consists of a bare denial or otherwise sets out no coherent statement of facts, or (3) those which contain a coherent set of facts but those facts, even if true, do not disclose any legally recognisable claim against the defendant.ġ.3 A claim may fall within rule 3.4(2)(b) where it is vexatious, scurrilous or obviously ill-founded.ġ.4 A defence may fall within rule 3.4(2)(a) where: ![]() (2) those which are incoherent and make no sense, (1) those which set out no facts indicating what the claim is about, for example ‘Money owed £5000’, This Practice Direction supplements CPR Rule 3.4Ĭontents of this Practice Direction TitleĬlaims which appear to fall within rule 3.4(2)(a) or (b)ĭefences which appear to fall within rule 3.4(2)(a) or (b)Īpplications for orders under rule 3.4(2)ġ.1 This practice direction sets out the procedure a party should follow if they wish to make an application for an order under rule 3.4(2)(a) (where a statement of case discloses no reasonable grounds for bringing or defending a claim) or under rule 3.4(2)(b) (where a statement of case is an abuse of the court’s process or otherwise likely to obstruct the just disposal of the proceedings).ġ.2 The following are examples of cases where the court may conclude that particulars of claim (whether contained in a claim form or filed separately) fall within rule 3.4(2)(a): ![]()
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