Strike out Definition

GLOSSARY

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Published by a ��˾��ҹ�� 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.

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Skeleton argument—checklist

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Property case tracker—2023 [Archived]

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Trespassers—possession proceedings

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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 19 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...

See the 102 Q&As about Strike out

Minutes of the CPR Committee meeting—5 July 2024

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Amendments to group claims permitted following appeal (Viegas v The Estate of José Luis Cutrale)

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