Q&As

What are the options available to an individual whose claim was struck out because their particulars of claim were not Civil Procedure Rules compliant, in circumstances where the individual had been advised at the time of drafting that in fact they were compliant?

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Published on LexisPSL on 21/01/2020

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • What are the options available to an individual whose claim was struck out because their particulars of claim were not Civil Procedure Rules compliant, in circumstances where the individual had been advised at the time of drafting that in fact they were compliant?
  • Strike out
  • Professional negligence claims

What are the options available to an individual whose claim was struck out because their particulars of claim were not Civil Procedure Rules compliant, in circumstances where the individual had been advised at the time of drafting that in fact they were compliant?

We have assumed that POC means ‘Particulars of Claim’.

Strike out

There are a number of steps you may be able to take when subject to an order striking out your statement of case. These include seeking to set aside or appeal the strike out order. It might also be appropriate to apply for relief from the sanction of strike out. Whatever step(s) you choose to take, bear in mind that action must be taken very promptly.

In relation to relief from sanctions, a court may impose sanctions on parties that fail to comply with its orders and directions and such sanctions may include the strike out of a statement of case. A party may apply for relief from sanction pursuant to CPR 3.9, which provides the court with a discretionary

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