LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Striking Out Pleadings – Disclosure of Reasonable Cause of Action
PRINCIPLE STATEMENT
A reasonable cause of action means a cause of action which (when only the allegations in the statement of claim are considered) has some chance of success, notwithstanding that it may be weak or not likely to succeed; in determining whether a statement of claim discloses a reasonable cause of action, the court should consider the contents of the statement of claim deemed to have been admitted, and examine whether the cause of action has some chance of success; it is irrelevant to consider the weakness of the plaintiff's claim; what is important is to examine the averments in the statement of claim and see if they disclose some cause of action or raise some questions fit to be decided by the court.
RATIO DECIDENDI (SOURCE)
"A reasonable cause of action means a cause of action which (when only the allegations in the statement of claim are considered) has some chance of success, notwithstanding that it may be weak or not likely to succeed. In determining whether a statement of claim discloses a reasonable cause of action, the court should consider the contents of the statement of claim deemed to have been admitted, and examine whether the cause of action has some chance of success. It is irrelevant to consider the weakness of the plaintiff's claim; what is important is to examine the averments in the statement of claim and see if they disclose some cause of action or raise some questions fit to be decided by the court."
EXPLANATION / SCOPE
This comprehensively restates and reinforces Principle 568. Test for reasonable cause of action: Consider only statement of claim allegations, deem them admitted, assess if some chance of success exists—weakness irrelevant. “Some chance of success” means: not hopeless, has possibility (however remote), and deserves trial determination. Approach: (1) Read statement of claim; (2) Assume all averments true/admitted; (3) Assess if they disclose cause of action or raise justiciable question; (4) Ignore weakness—focus on existence of cause, not strength. “Irrelevant to consider weakness” means: courts don’t assess likelihood of success at striking out stage, weak cases survive if disclosing some cause, and strength is for trial, not pleading stage. This serves: preventing premature dismissal, ensuring access to justice for weak claims, and reserving merit assessment for trial. “Questions fit to be decided” means: justiciable issues, proper for judicial determination, and raising legal questions courts can resolve. The principle establishes very low threshold: any averments showing some cause of action or raising justiciable question survive striking out, regardless of perceived weakness. Courts must resist: predicting case outcome, assessing evidence strength, or striking out merely weak claims. Only if averments show absolutely no cause of action should striking out occur. This protective approach ensures: legitimate claims reach trial, premature dismissal is rare, and access to justice preserved.