THE COURT'S POWER TO STRIKE
[19]
Both sides agree that “…the court is empowered to dismiss an action in a summary way
without a trial where the statement of claim discloses no cause of action, or is shown to be
frivolous and vexatious or otherwise an abuse of the process of the court. That this
summary procedure should only be used in clear and obvious cases, when it can be
clearly seen on the face of it that the claim is obviously unsustainable, cannot succeed or
in some other way is an abuse of the process of the court.”1
[20]
Part 26 (3) of the Civil Procedure Rules [CPR] 2000 provides that:
“(1) … the court may strike out a statement of
case or part of a statement of case if it appears
to the court that –
(a) there has been a failure to comply with a rule,
practice direction, order or direction given by the
court in the proceedings;
(b) the statement of case or the part to be struck out
does not disclose any reasonable ground for
bringing or defending a claim;
(c) the statement of case or the part to be struck out
is an abuse of the process of the court or is likely
to obstruct the just disposal of the proceedings;
...”
1
Baldwin Spencer –v‐The Attorney General of Antigua and Barbuda Civil Appeal no 20A 0f 1997 per
5