Strike out and summary judgment—interaction with related applications
Strike out and summary judgment—interaction with related applications

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

  • Strike out and summary judgment—interaction with related applications
  • Strike out—interaction with summary judgment applications
  • Strike out—interaction with default judgment applications
  • Strike out—court's case management powers to end proceedings
  • Interaction between strike out and relief from sanctions applications

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.

Strike out—interaction with summary judgment applications

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