Quote:
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Can they strike this out before the court date based on my defence?
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I believe you would need to apply to the court to strike out the claim under rule 3.4
3.4 (1) In this rule and
rule 3.5,
reference to a statement of case includes
reference to part of a
statement of case.
(2) The court may
strike out (GL) a
statement of case if it appears to the court ---
(a) that the
statement of case discloses no reasonable grounds for bringing or defending the claim;
(b) that the
statement of case is an abuse of the court's
process or is otherwise likely to obstruct the just disposal of the
proceedings; or
(c) that there has been a failure to comply with a rule, practice direction or court order.
(3) When the court strikes out a
statement of case it may make any consequential order it considers appropriate.
(4) Where ---
(a) the court has struck out a claimant's
statement of case;
(b) the claimant has been ordered to pay
costs to the defendant; and
(c) before the claimant pays those
costs, he starts another claim against the same defendant, arising out of facts which are the same or substantially the same as those relating to the claim in which the
statement of case was struck out,
the court may, on the application of the defendant,
stay (GL) that other claim until the
costs of the first claim have been paid.
(5) Paragraph (2) does not limit any other power of the court to
strike out (GL) a
statement of case.
(6) If the court strikes out a claimant's
statement of case and it considers that the claim is totally without merit ---
(a) the court's order must record that fact; and
(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.
Re: Just been to court/CL finance 
