Guernsey Legal Resources

  Matters which should be of concern to the court in considering an application for striking out under r.36(1) of the Royal Court Civil Rules 1989 include the following:

  (a) it is appropriate, in the absence of Guernsey authority on r.36 to have regard to the English authorities and commentaries on the comparable provision of the former Rules of the Supreme Court (O.18, r.19 and 1 The Supreme Court Practice 1998, paras. 18/19 et seq.; and 1999, paras. 18/19 et seq.)

  (b) matters which are simply not stated clearly enough in the pleadings should primarily be considered as a subject for further and better particulars, rather than for striking out;

  (c) a statement in a pleading should not be struck out merely because it is unnecessary, provided that it is otherwise harmless; it should, however, be struck out if it is set out in such a way that the other party must plead to it and so raise irrelevant issues which may involve expense, trouble and delay;

  (d) the court should not be concerned, at this stage, with the truth or credibility of allegations made in the pleadings, as those are matters to be dealt with at the trial; it should certainly not consider striking out an allegation merely because it thinks it is unlikely to be proved; and

  (e) the court should always look at the pleadings in the round, asking whether they are so lacking in precision and clarity that they are embarrassing to the point that they should be struck out; if it is satisfied that, despite their deficiencies, the other party would be able to file a substantive defence—with or without a request for further and better particulars—the application to strike out should be dismissed.