The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
Successful applications to strike out or obtain summary judgment of a claim, defence or a specific issue essentially have at their heart the bringing to an end of that piece of, or particular issue, in the litigation. Oftentimes, an application for summary judgment is brought in addition or in the alternative to an application to strike out. It is useful, therefore, to consider some of the overlapping aspects and differences between these two forms of application. In addition, there are other ways in which parties may be prevented from continuing with a claim or specific issue in it and, again, it is useful to consider the interaction between summary judgment and strike out applications with these other forms of process.
For guidance generally on strike out applications, see Practice Note: Strike out applications—what, who and when and related content.
For guidance generally on summary judgment applications, see Practice Note: Summary judgment applications—what, who and when and related content.
Summary judgment and strike out are closely linked. A party can apply for strike out and/or summary judgment and often, applicants choose to apply for both at the same time and in the alternative pursuant to CPR PD 3A, para 1.7 (Clancy Consulting and Emerald Supplies). In Clancy Consulting, the Technology and Construction Court (TCC) struck out the
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234