Strike out Definition

GLOSSARY

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Published by a UU��ֱ�� Dispute Resolution expert

What does Strike out mean?

The excision of written material from the record by the court, such that it may no longer be relied on.

The court's power to strike out all or part of a statement of case is governed by CPR Rule 3.4. A strike out will usually will end the claim (or part thereof). All or part of a witness statement may be struck out under the court's power to control evidence set out in CPR Rule 32.1, for example on the grounds that it is irrelevant or prejudicial.

Dispute Resolution

The excision of written material from the record by the court, such that it may no longer be relied on.

View the related checklists about Strike out

Considerations when dealing with litigants in person—checklist

Considerations when dealing with litigants in person—checklist Issue Comment Link to Lexis+® UK guidance/external links To what extent is a represented party required to assist a litigant in person? A legal representative’s paramount duty is to the court and to the administration of justice. Subject to that, the legal representative’s duty is to the client. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceThe Law Society—Litigants in person: guidelines for lawyers, paras 7–9Legal Services Act 2007, s 1(3) A legal representative must not abuse their position by taking unfair advantage of a litigant in person but there is no obligation to help a litigant in person run their case or to take any action on a litigant in person’s behalf. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceSRA Code of Conduct for Solicitors, RELs and RFLs, para 1.2SRA Code of Conduct for Firms, para 1.2The Law Society—Litigants in person: guidelines for lawyers, para 18 When exercising its powers of case management, the court must consider whether...

Skeleton argument—checklist

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Bringing a professional negligence claim based on the duty in contract, tort and equity

Bringing a professional negligence claim based on the duty in contract, tort and equity This Practice Note considers the different legal bases for bringing a professional negligence claim, ie founding the existence of the professional’s duty to the claimant. Sometimes the question of whether a duty exists is bound up with questions as to the specific loss being sought to be recovered and thus the scope of the duty and related issues, for guidance on which see: Professional negligence claim—scope of duty, causation and remoteness—checklist and related content. For guidance on how to commence a professional negligence claim, see Practice Notes: • Starting a professional negligence claim—a practical guide • Pleading professional negligence claims—worked hypothetical examples and related precedents For guidance on the standard of care in professional negligence claims, see Practice Notes: • Standard of care in professional negligence claims • Standard of care—solicitors and barristers Guidance on parties to professional negligence claims and the role of the Pre-Action Protocol for Professional Negligence claims includes...

E&W Brussels I (recast)—multiple defendants (art 8) [Archived]

E&W Brussels I (recast)—multiple defendants (art 8) [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers Article 8 of Regulation (EU) 1215/2012, Brussels I (recast) and the jurisdiction of the court when dealing with multiple defendants. The courts of an EU Member State have special jurisdiction to hear a dispute when a co-defendant is not domiciled in the jurisdiction if certain criteria are meet. This Practice Note considers the various criteria and how the courts have applied them in practice. In particular, it considers the meaning of ‘irreconcilable judgments’ and ‘anchor defendants’. The three other situations under Article 8 of Regulation (EU) 1215/2012, Brussels I (recast) are considered in Practice Note: E&W Brussels I (recast)—third parties, counterclaims and rights in rem (art 8) [Archived]. Other special jurisdiction situations, in which the claimant is able to choose to bring proceedings in a different jurisdiction to that of the defendant's domicile, are found in: • Article 7 of Regulation (EU) 1215/2012,...

Discover our 691 Practice Notes on Strike out

Order for strike out for failure to comply

Order for strike out for failure to comply Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST before [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge] [insert name] dated: [insert date] Between [insert name] Claimant / [Applicant OR Respondent] and [insert name] Defendant / [Applicant OR Respondent] _______________________________________ [ Draft ] Order for strike out for failure to

Order for strike out on the basis of no reasonable grounds

Order for strike out on the basis of no reasonable grounds Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST before [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge] [insert name] dated: [insert date] [insert name] Claimant / [Applicant OR Respondent] and [insert name] Defendant / [Applicant OR Respondent] _______________________________________ [

Dive into our 18 Precedents related to Strike out

In proceedings involving the Trusts of Land and Appointment of Trustees Act 1996, can evidence be struck out that has not been filed on time in line with directions? If so, does a formal application have to be made by the party wanting to strike out the evidence?

In proceedings involving the Trusts of Land and Appointment of Trustees Act 1996, can evidence be struck out that has not been filed on time in line with directions? If so, does a formal application have to be made by the party wanting to strike out the evidence? In civil proceedings, where a party does not disclose evidence in line with a disclosure order by the court, this may be a breach of the party’s disclosure duties. Guidance on such a failure can be found in Practice Note: Disclosure—parties' duties, in particular the section titled: Failure to comply with disclosure obligations, which considers (among other things): • whether a case will be struck out if a party fails to comply with its disclosure obligations • what happens if there are significant issues with a party’s disclosure

Can the respondent employer in a Scottish employment tribunal claim apply for strike out and costs where there is evidence of the claimant’s dishonesty or fraud, eg if the claimant has falsely claimed Working Tax Credit, and also falsely asserted in their claim that they have not received Working Tax Credit?

Can the respondent employer in a Scottish employment tribunal claim apply for strike out and costs where there is evidence of the claimant’s dishonesty or fraud, eg if the claimant has falsely claimed Working Tax Credit, and also falsely asserted in their claim that they have not received Working Tax Credit? Striking out ET Rule 37(1) provides that a tribunal has power to strike out the whole or part of a claim on a number of grounds, one of which is that the manner in which the proceedings have been conducted by or on behalf of the claimant has been scandalous, unreasonable or vexatious. For further information, see Practice Note: Striking out and unless orders in employment tribunal proceedings—Grounds that may justify striking out. Lying in a claim about whether or not a claimant has received Working Tax Credit affecting the calculation of loss might be regarded as ‘unreasonable’ in terms of the rule. An application for striking out could be made on this ground. In...

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Banking and Finance weekly highlights—5 December 2024

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