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Review Your SQE 1 Practice Records

Examination Timing: 00H00M02S

Sarah Thompson has initiated a civil lawsuit against her neighbour, James Wilson, for damaging her property. The case is scheduled for a hearing in the local county court. Before the hearing, James files an application to strike out Sarah’s claim on the basis that it discloses no reasonable grounds for bringing the claim. Sarah is now worried about the possible outcomes of this application. Which ONE of the following statements is CORRECT?

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Your selected option: C

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The court will only strike out a claim if it is satisfied that there are no reasonable grounds for bringing the claim. This ensures that cases without merit are dismissed early, saving time and resources for both the court and the parties involved. Option A is incorrect because the court does not automatically strike out a claim upon the filing of an application. Option C is misleading as the court considers the substance of the application, not just the timing of the response. Option D is partially correct but not comprehensive enough to be the best answer; the court primarily assesses the claim's merit. Option E is incorrect because a full hearing is not always required for strike-out applications; the court may decide based on written submissions. 


Key Point: This question assesses knowledge of civil procedure rules regarding strike-out applications in the context of civil litigation, highlighting the conditions under which a court may strike out a claim for disclosing no reasonable grounds.

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