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England and Wales decisions
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The appellant failed their third attempt at the Part 3 test and is therefore ineligible for a trainee licence; as a result, the appeal has no reasonable prospect of success and must be struck out.
Source excerpt
There is no abuse of process in the claimants' lawyers formulating particulars of damage using generic or evaluative language, provided each claimant has assented to the pleading and believes in the facts stated. The process adopted, while open to criticism regarding clarity and the use of certain terms, does not justify the draconian remedy of striking out all claims. Any issues as to the accuracy, credibility, or effect of the pleadings are to be addressed by clarification, amendment, or at trial, not by summary disposal.
Source excerpt
The appellant failed the instructional ability test three times, and under Regulation 14(b), the licence ceases to remain in force; therefore, there is no reasonable prospect of success and the case must be struck out under Rule 8(3)(c).
Source excerpt
The First-tier Tribunal (GRC) struck out Mark Damsa’s appeal against refusal of a further trainee licence, finding no reasonable prospect of success.
JDK Holdings Corp v Bourgade & Anor [2026] EWHC 1072 (Ch) (13 May 2026)
The High Court allowed JDK Holdings to amend its particulars of claim to better plead an alleged joint venture, but struck out the earlier pleading and ordered costs against the claimant.
De Giovanni v Kehoe & Ors [2026] EWHC 1136 (KB) (13 May 2026)
Defamation claims over a Londoner article led to set-aside, strike-out, and jurisdiction issues. The court set aside default judgment, struck out the County Court claim, and set aside the High Court claim form.
The court granted permission to amend particulars of claim in a joint venture dispute, struck out the original particulars, and ordered the claimant to pay costs.
Cook v Skeggs [2026] EWHC 1132 (KB) (12 May 2026)
Appeal against a costs order allowed. The High Court held that the claimant’s failed summary judgment application and the strike-out issues meant the defendant should recover costs, subject to a 25% reduction for a late amendment.
Appeal allowed in a costs dispute arising from strike out and summary judgment applications. The High Court held the appellant was the successful party, subject to a 25% reduction for late amendment.
The First-tier Tribunal struck out an appeal against refusal of a further trainee licence after the appellant failed to comply with directions and had no reasonable prospect of success.
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