Test for Striking Out Before Trial - Thomas Crockett, 1 Chancery Lane
09/11/15. The Court of Appeal recently held in Alpha Rocks Solicitors v Alade [2015] EWCA Civ 685 held that the court should exercise caution in the early stages of a case in striking out the entirety of a claim on the grounds that a part had been improperly or even fraudulently exaggerated.
The Court (Moore-Bick, Fulford, Vos LJJ) made reference to the draconian nature of the power and the risk that at trial, events may appear less clear cut than at an interlocutory stage. It was held that the emphasis should be on the availability of fair trial of the issues between the parties.
Alpha Rocks Solicitors appealed a decision on 4 November 2014 by a deputy judge of the Chancery Division to strike out claims in their entirety for two of the bills of costs presented to its client, the defendant as an abuse of process. Below, it was found that one of the two of the bills was partly false and deliberately exaggerated, and another was brought on the basis of fabricated documents and of a bill of costs that was known to...
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