THE JUDGE WAS WRONG TO STRIKE OUT A PROPERLY PLEADED CLAIM IN A PERSONAL INJURY CASE: JUDGE’S SHOULD BE ASTUTE TO DEAL WITH APPLICATIONS TO STRIKE OUT WHICH ARE, IN REALITY, APPLICATIONS FOR SUMMARY JUDGMENT

The judgment of Mr Justice Choudhury in Kasongo v CRBE Ltd & Anor [2023] EWCA Civ 557 demonstrates the danger when a defendant makes an application to strike out a statement of case.  The judge allowed an appeal where a defendant had initially been successful in striking out the claimant's actio...