THE IMPORTANT DISTINCTION BETWEEN AN APPLICATION TO STRIKE OUT AND ONE FOR SUMMARY JUDGMENT: DECISION TO STRIKE OUT ALLOWED ON APPEAL BECAUSE THE JUDGE HAD WRONGLY CONSIDERED THE MERITS

There is an important distinction between the striking out of a statement of a case and summary judgment.  Striking out considers whether there is an arguable claim pleaded; summary judgment relates to whether that claim has any merits.  This distinction has considerable importance in civil cases, p...