Family Procedures Rules 2010 - Practice Direction 4A - Striking Out a Statement of Case

14 FEB 2011

This Practice Direction supplements FPR Part 4, rule 4.4 (Power to strike out a statement of case)

Introduction

1.1 Rule 4.4 enables the court to strike out the whole or part of a statement of case which discloses no reasonable grounds for bringing or defending the application (rule 4.4(1)(a)), or which is an abuse of the process of the court or otherwise likely to obstruct the just disposal of the proceedings (rule 4.4(1)(b)). These powers may be exercised on an application by a party or on the court's own initiative.

1.2 This practice direction sets out the procedure a party should follow to make an application for an order under rule 4.4.

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