What is a 'strike out application'?

A 'strike out application' refers to a request made to the court for the dismissal of a claim or defense on the grounds that it is considered frivolous or vexatious. This means that the claim does not have any serious legal foundation, and continuing with it would be an abuse of the court's process. The court has the power to strike out claims that are not only lacking in legal merit but also those that may be seen as burdensome or harassing to the other party.

The rationale behind a strike out application is to ensure the efficient functioning of the court system and to prevent parties from being subjected to unjust litigation. The application is typically aimed at pressing issues that can be resolved without a full trial, thereby saving time and resources for both the parties involved and the court itself.

In the context of the other options, the request for additional time to respond does not involve dismissing any claims but rather seeks an extension. Amending a statement of claim is a procedural action to refine or correct pleadings, rather than a dismissal of the case. Lastly, a request for summary judgment aims to resolve a case based on the evidence available without going to trial, but does not serve the purpose of striking out claims deemed frivolous or vexatious