THE CURRENT IMPORTANCE OF PLEADINGS 56: SHOULD THE COURT STRIKE OUT THE ACTION WHEN THE CLAIMANT HAS PLEADED FALSE FACTS IN THE PARTICULARS OF CLAIM ?

We are continuing to look at an unusual case in relation to pleadings. The claimant had pleaded false matters in the Particulars of Claim and admitted their falsity. The defendant applied to strike out the entire action.   This judgment looks at the relevant cases and principles.

"The court's power...

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