Sally Robertson considers strike-out applications and the current approach to cases with no reasonable prospects of success.
In a jurisdiction in which recovery of costs is unusual, getting a technical knock-out through a procedural short-cut can look particularly inviting. The reality is that unless there is no serious dispute or the fairness of a trial seems in jeopardy, the possibilities are more limited. Robust case management generally has to give way to the right to have the case heard. There is also the catch-22 that going for a strike-out is akin to asking for further particulars: it forces the other side to get their case in order. Yet avoiding the temptation may generate a downside when the omission is used to help defend a costs application.
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