Applications for strike out are being increasingly used in the civil litigation process as a means to test, at an early stage, the court’s view of the merits of a claim which, as yet, is not fully tested and where the entire evidential basis of a claim has yet to be demonstrated.
In the recent judgment in Louis & otrs v Finegold & antr, delivered on February 27 2013, the First Deemster, Deemster Doyle exercised the court’s jurisdiction to strike a claim out where it considered that the case against the applicant was “hopeless and had no reasonable prospect of succeeding at trial.”
Read the full article here: Is it a Hopeless Case