Statement of case – Striking out. The claimant liquidator's claim against the respondents for a declaration that a payment of £160,000 to them had been void as a preference was struck out, given his previous discontinuance of misfeasance allegations against the first two respondents. The Chancery Division held that CPR 38.7 applied, had not been complied with and permission under that rule was refused, and the claim was more generally an abuse of process.