Strike out—after a strike out order has been made
Strike out—after a strike out order has been made

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Strike out—after a strike out order has been made
  • What happens after a strike out order has been made?
  • Strike out of claim
  • Strike out of defence and implications for claimant
  • Strike out and conditional orders
  • Strike out applications and costs
  • What can you do when subject to a strike out order?
  • Can you appeal a decision dismissing a strike out application?
  • Can subsequent proceedings be brought after strike out?
  • Strike out of claims totally without merit—civil restraint orders

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus (COVID-19) implications for dispute resolution.

What happens after a strike out order has been made?

CPR PD 3A, para 1.9 provides that where a rule, practice direction or order states ‘shall be struck out or dismissed’ or ‘will be struck out or dismissed’ this means that the striking out or dismissal will be automatic and that no further order of the court is required.

When the court makes a strike out order, it can make any consequential order it considers appropriate (CPR 3.4(3)). See also CPR PD 3A, para 4.2, which provides that where a judge strikes out all or part of a party’s statement of case, they may ‘enter such judgment for the other party as that party appears entitled to’.

As well as entering judgment for the other party, consequential orders could include that the party whose case was struck out pay the other party's costs. In Clutterbuck v Cleghorn for example, the Court of Appeal upheld the strike out of two of three of the claimants' claims and ordered the claimants to serve amended particulars of claim regarding the remaining claim,

Popular documents