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A catering company calls a former employee's commission claim 'hopeless' and asks for strike out. Before discussing the facts, identify the available CPR 3.4 grounds—no reasonable grounds, abuse or obstruction, and breach of a rule, Practice Direction or order—and explain why the application must be tied to a specific ground.
You appear for a gym applying to strike out a trainer's claim for a 12% revenue share. The signed agreement provides 5%, while the particulars say only that 12% was 'commercially agreed' without identifying when, by whom or in what words. Identify the pleaded contractual gap without deciding disputed evidence.
After receiving a strike-out application, a supplier locates a dated note of the meeting, identifies the buyer's director and sets out the words allegedly varying the commission rate; a confirming email followed the next day. Build the supplier's resistance around a focused draft amendment, the legal variation case, evidential support, prompt timing and costs or directions curing prejudice.
The pleading identifies a legally coherent warranty case, but the defendant says the supporting witness is unreliable and the documents will not prove it. Explain why that challenge ordinarily belongs under summary judgment rather than strike out for no reasonable grounds, and why CPR 3.4 should not be used to decide credibility.
You appear for a retailer applying to strike out a repeatedly amended warranty claim. The claimant has ignored an order to identify the alleged warranty, and trial is ten weeks away. The judge asks, 'Why should I not allow one final amendment?' Answer by addressing curability, prior opportunity, timetable prejudice, costs and any lesser sanction.
You appear for a retailer seeking to strike out only an allegation of additional commission; the supplier's claim for the contractual 8% commission will remain. State the precise partial disposition, the pleading and timetable consequences for the remaining claim, and the costs order caused by the defective allegation.
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