Tharpe, Anthony v Walters-Wellington, Nicole and Bryan Sykes

Civil procedure – Striking out – Application to strike out claimant’s statement of case – Whether the claimant’s statement of case ought properly to be struck out – The approach of the court in dealing with an application to strike out – Whether the claimant has sufficiently particularized the claim – Whether the claimant’s statement of case as framed constitutes an abuse of the process of the court – Whether the claimant’s statement of case is prolix, frivolous and vexatious and without merit – Whether the claimant’s statement of case discloses any reasonable grounds for bringing the claim Whether a crown servant may be sued in his or her official capacity – Whether any proceedings shall lie against the crown in respect of anything done or omitted to be done while discharging any responsibility of a judicial nature or in connection with the execution of judicial process Burden – Burden of proof – Standard – Standard of proof – Crown Proceedings Act, sections 2 and 3(5), Civil Procedure Rules, 2002, rules 8.7, 8.9(1), 26.3(1), and 59.2(1)