Paragraphs in a statement of claim that plead complaints made to the Legal Services Commission about an opponent's lawyers, or allege misconduct in other proceedings, are irrelevant to the causes of action and properly struck out. Oral applications made without written notice to the opposing party at a strike-out hearing need not be entertained. A pleading that a trustee's discretion must be exercised in a particular beneficiary's favour is embarrassing where no basis for that obligation is pleaded and the claim is inconsistent with the plaintiff's own case about the trust structure.
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