High Court grants application to strike out part of Plaintiff’s pleading, on the grounds that it is clearly an excessively lengthily statement of claim, but also finds that: applications to strike out part of a pleading on the basis that it is “unnecessary” within the meaning of the rules of court, or the inherent jurisdiction of the court, should be confined to clear cases where it is possible to excise distinct portions of a claim with a view to achieving some identifiable efficiency in the conduct of the proceedings; and it is not desirable that applications of this kind should be made as a matter of course.
Application to strike out part of plaintiff’s claim – abuse of process – Order 19 Rule 27 of the Superior Courts – plenary summons seeks damages for breach of contract – s. 117 Data Protection Act 2018 - statement of claim is not in compliance with the Rules and in particular O.19, r.3 which provides that every pleading shall contain, and shall only contain, a statement in a summary form of the material facts on which the party pleading relies for his claim, but not the evidence by which they are to be proved – statement of claim was 85 pages in length and 101 pages in the forms of Annexes – it is open to me to dismiss part of the claim without dismissing it all - inherent jurisdiction of the court should only be exercised in relation to part of the proceedings in very rare and clear cases - grant the application to strike out paragraphs - I am not convinced that r. 27 applies - far as the rules are concerned, this is a matter for O. 19, r. 28, which is not available to the defendant for the purposes of this application as it does not submit that the statement of claim as a whole fails to disclose any cause of action or shows that the entire action is frivolous or vexatious – inherent jurisdiction of the court - , I think that removing this very limited section of the statement of claim will serve a purpose in removing from the defendant the burden of a claim which it should not have to deal with - However, by removing the relief, this will have the consequence that any attempt to enforce the Order cannot be entertained and the defendant will not have to deal with it at all – order striking out certain paragraphs granted.