In short
A defendant can apply to strike out a claim under CPR 3.4 where the statement of case discloses no reasonable grounds, is an abuse of the court’s process, or breaks a rule, practice direction or order. They can apply for summary judgment under CPR 24 where the claimant has no real prospect of succeeding and there is no other compelling reason for a trial. Both are for clear defects, and many weak-looking claims do not have one. A refused application costs the court fee and time, and one the court finds “totally without merit” is recorded on the order.
The two tools
Strike-out: CPR 3.4
Under CPR 3.4(2), the court may strike out a statement of case if it appears:
- (a) that it “discloses no reasonable grounds for bringing or defending the claim”;
- (b) that it “is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings”; or
- (c) that “there has been a failure to comply with a rule, practice direction or court order”.
Strike-out looks at the statement of case itself. Practice Direction 3A, para 1.2 gives the example of particulars of claim that “set out no facts indicating what the claim is about, for example ‘Money owed £5000’”. Where a claim is thin but could be set out properly, the court may order the claimant to give proper particulars rather than strike the claim out.
Summary judgment: CPR 24
Under CPR 24.3, the court may give summary judgment if “(a) it considers that the party has no real prospect of succeeding on the claim, defence or issue; and (b) there is no other compelling reason why the case or issue should be disposed of at a trial.” CPR 24.2 allows it against a claimant in any type of proceedings, and CPR 24.3 allows it on the whole of a claim or on a single issue.
Summary judgment looks at prospects, with evidence. PD 3A, para 1.5 says an applicant may use CPR 3.4 or Part 24, or both.
Many weak-looking claims are not strikeable
These applications succeed on defects that show on the face of the claim or in documents that already exist. A claim you believe is wrong on the facts is a claim to defend, not one to strike out. Before applying, the question is narrow: even taking what the claimant says as true, does the claim still fail — or is it plainly contradicted by documents that cannot be answered? If the answer depends on whose account the court prefers, the answer is a defence.
What a refused application costs
- The fee. An application on notice where no other fee is specified is £321 under the EX50 court fees list (as at 13 July 2026). By consent or without notice it is £126.
- Costs. On the small claims track, CPR 27.14 limits the costs the court can order once a claim is allocated, with an exception for a party who “has behaved unreasonably”. Before allocation, and on the fast, intermediate and multi-tracks, the general rule is that the unsuccessful party pays the successful party’s costs, although the court can make a different order (CPR 44.2). So a refused application can lead to an order to pay the other side’s costs of it. A costs order made before allocation still stands if the claim later goes to the small claims track (CPR 46.13(1)). On the fast and intermediate tracks, those costs are fixed amounts set by CPR 45.8.
- A record. Under CPR 23.12, if the court dismisses an application and considers it totally without merit, the order must record that fact, and the court must consider whether to make a civil restraint order. CPR 3.3 requires the same record where the court strikes out a statement of case or dismisses an application of its own initiative.
Practice Direction 3C sets three levels of civil restraint order. A limited order may be made where a party “has made 2 or more applications which are totally without merit”. An extended order can follow where a party persistently makes totally-without-merit claims or applications, and a general order where an extended one would not be enough. Each lasts up to 3 years and can be extended.
The rules cut both ways. CPR 3.4(6) requires the same record where a claimant’s case is struck out as totally without merit, and PD 3A, para 1.4 gives a defence that “consists of a bare denial” as an example of a statement of case that may be struck out.
Test the claim first
A professional approach to a weak claim runs in a set order: test it, build the record cheaply, and apply only on a clear defect.
1. Read the claim against the rules
- Does it give “a concise statement of the facts”, as CPR 16.4(1)(a) requires?
- Is it based on a written agreement that is not attached? PD 16, para 7.3 says a copy “should” be attached or served. That is a reason to ask for it, not an automatic win.
- Is it a contract claim brought more than six years after the cause of action accrued? Limitation Act 1980, s.5 bars an action on a simple contract after six years from the date the cause of action accrued. Limitation is a defence the defendant must raise. Practice Direction 16, para 11.3 requires a defence to give details of the expiry of any limitation period relied on.
- Is the right party suing, for a loss that is theirs?
- Does the defect show on the face of the document, or does it depend on facts the claimant disputes?
2. Build the record cheaply
Ask for what is missing before you apply. A written request under CPR 31.14 for documents mentioned in the particulars, and a Part 18 request for information, cost a letter each. Both stop applying once a claim is allocated to the small claims track (CPR 27.2), so they belong at the start. Our guide to CPR 31.14 and Part 18 requests covers how to send them. Keep copies of each request and each reply, or the absence of one.
3. Apply only on a clear defect, with the defence ready
If the defect remains, apply. Draft your defence alongside the application. If the application is refused, the claim carries on and the defence will be needed.
Timing, and what it does to default judgment
- No defence needed before the hearing. CPR 3.4(7): a defendant who applies to strike out the claim form or particulars “need not file a defence before the hearing”. CPR 24.4(4) says the same where a summary judgment application is made before a defence has been filed.
- Default judgment is blocked while it is pending. Under CPR 12.3(3), the claimant may not obtain default judgment if the defendant has applied to strike out under rule 3.4 or for summary judgment under Part 24 and that application has not been dealt with. The application must actually be filed, with the fee or a Help with Fees application, before judgment is entered. A default judgment entered despite a pending application is wrongly entered, and CPR 13.2 says the court must set it aside.
- Summary judgment procedure. CPR 24.5 requires the application notice to say it is for summary judgment and to identify the point of law or document relied on. CPR 24.4(5) requires at least 14 days’ notice of the hearing.
When a different step must come first
Challenging the court’s jurisdiction: CPR Part 11
Under CPR Part 11, you first file an acknowledgment of service, then apply within 14 days after filing it, supported by evidence. If you do not, you are treated as accepting that the court has jurisdiction. Ticking the box on the acknowledgment is not enough. No defence is needed before the hearing of the application.
A claim covered by an arbitration agreement
Arbitration Act 1996, s.9(3) says an application to stay the claim cannot be made before acknowledging the proceedings, or “after he has taken any step in those proceedings to answer the substantive claim”. Filing a defence will normally count as such a step. Other steps can too. The test, applied in Bilta (UK) Ltd v Nazir [2010] EWHC 1086 (Ch) at [28], is whether the step ‘impliedly affirms the correctness of the proceedings’ and a willingness to have the court decide instead of an arbitrator. In the same case, a clear written reservation of the right to seek a stay stopped a request for more time to file a defence from counting (at [30]). If there is an arbitration clause, apply for the stay first, and say in writing that you reserve that right.
A default judgment already entered: CPR Part 13
Under CPR 13.3 the court may set it aside if you have a real prospect of successfully defending the claim or there is some other good reason. It must consider whether you applied promptly, and the application must be supported by evidence. It helps to attach a draft defence. Our guides to setting aside a default judgment and doing it with Form N244 cover the steps.
How the application is made
Both applications are made on Form N244, with evidence, usually a witness statement, that shows the defect and exhibits the documents. Each ground should point to a paragraph of the particulars and a rule, and describe what is missing without comment. See our Form N244 guide and the emergency toolkit.
Chris works through the claim with you first, against the checks above. Where there is a clear defect, it helps you draft the application, the witness statement and the defence to sit alongside them. You check, sign and file them yourself.
Talk through your case with Chris and draft it in minutes, to a professional standard. Ask Chris for free · no sign-up · no card.
Free help
Citizens Advice can talk through a claim with you at no charge. Support Through Court helps people without a lawyer with forms and hearings, and Advocate can arrange free help from a barrister. Help with Fees can reduce or remove the application fee; you apply online at gov.uk/get-help-with-court-fees.
This guide covers England and Wales. Scotland and Northern Ireland have separate court rules.
Frequently Asked Questions
Do I need to file a defence if I apply to strike out?
Not before the hearing, if you apply before your defence is due and filed: CPR 3.4(7) and CPR 24.4(4) say so. If the application is refused, the claim continues, so have a defence ready.
Can the claimant get default judgment while my application is pending?
No. Under CPR 12.3(3), the claimant may not obtain default judgment while a strike-out or summary judgment application has not been dealt with, provided it was filed before judgment is entered.
How much does a strike-out application cost?
The court fee for an application on notice where no other fee is specified is £321 (EX50, as at 13 July 2026), or £126 by consent or without notice. Help with Fees can reduce it. A refused application can also lead to a costs order.
What does “totally without merit” mean for me?
If the court dismisses an application and considers it totally without merit, CPR 23.12 requires the order to record that and the court to consider a civil restraint order. Under Practice Direction 3C, two or more such applications can lead to a limited civil restraint order.
Strike-out and summary judgment are for a clear defect, shown on the page. Where the defect is not clear, the defence does the work. To test a claim before you decide, talk it through with Chris.
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