strike out
📖 What is strike out? Meaning and definition
Striking out a case, or part of it, is a significant legal action taken by a court or tribunal. It essentially means that the specific claim or defence is no longer considered valid or will not proceed. This power is exercised when a party involved in the case does not comply with the directions or orders given by the tribunal or court. For instance, if a litigant is asked to provide specific information or calculations by a certain date and repeatedly fails to do so, their case may be struck out.
The decision to strike out is not taken lightly, as it can have serious consequences for the party whose case is affected. Tribunals and courts often give warnings or reminders, making it clear that non-compliance could lead to a strike-out. The aim is to ensure fairness to all parties and to maintain the efficient running of legal proceedings. If one party consistently fails to engage or provide necessary information, it can unfairly delay the process for the other party.
When a case is struck out, it means the specific issues or claims that were struck out cannot be pursued further in that particular proceeding. However, the party whose case was struck out may have a right to appeal the decision to a higher tribunal, such as the Upper Tribunal (Lands Chamber), by making a written application for permission to appeal. The tribunal will notify parties of their appeal rights when a strike-out decision is made.
It can also occur if the tribunal determines it does not have the legal authority, or 'jurisdiction', to hear certain complaints. In such instances, even if a party has complied with directions, those specific complaints may be struck out because they fall outside the tribunal's remit, as seen with claims under the Data Protection Act or public sector equality duty in an Employment Tribunal that lacked jurisdiction.
📋 Requirements
- Failure to comply with tribunal or court directions or orders
- Lack of information provided by a party, causing unfairness to the other side
- Failure to produce required documents, such as a full statement of reasons or calculations of sums owed
- The tribunal or court lacking jurisdiction to consider specific complaints
📝 Procedure
- The tribunal issues directions or orders to the parties, often stating that non-compliance could lead to a strike-out.
- A party fails to comply with the issued directions or orders.
- The tribunal may send reminders or further orders, giving the party another opportunity to comply.
- The opposing party may make a strike-out application due to the non-compliance.
- The tribunal considers the non-compliance and may offer the non-compliant party an opportunity to make representations or request a hearing.
- The tribunal makes a decision to strike out all or part of the case, providing reasons for its judgment.
💡 Examples
- A tenant's application was struck out because they failed to provide a full statement of reasons as required by the tribunal's directions, despite being warned that non-compliance could lead to this outcome.
- A claimant's entire claim was struck out after they repeatedly failed to provide calculations of the sum they said was owed, even after multiple reminders and revised directions from the tribunal.
- Specific complaints within a larger case, such as those concerning data protection or public sector equality duty, were struck out because the Employment Tribunal determined it did not have the legal authority to consider them.
- A party's case was struck out for not responding to the tribunal's questions and the respondent's application by the specified deadline, despite being given several opportunities to do so.
📚 Legal basis
- Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013
- Employment Tribunal Procedural Rules 2024
❓ Frequently asked questions
What does it mean if my case is 'struck out'?
If your case is 'struck out', it means the court or tribunal has officially removed all or part of your legal claim or defence. This usually happens because you haven't followed their rules or orders.
Why would a court strike out my case?
A court might strike out your case if you fail to provide information, documents, or calculations by deadlines, or if you don't respond to court communications. It can also happen if the court decides it doesn't have the legal power (jurisdiction) to hear your specific complaints.
Can I appeal a 'strike out' decision?
Yes, if your case is struck out, you usually have the right to appeal the decision. You would typically need to make a written application for permission to appeal to the same tribunal that made the decision, or to a higher tribunal like the Upper Tribunal (Lands Chamber).
What happens if only part of my case is struck out?
If only part of your case is struck out, it means those specific complaints or issues can no longer be pursued in that legal proceeding. The remaining parts of your case, which were not struck out, may still continue.
Will I be warned before my case is struck out?
Often, yes. Courts and tribunals typically issue directions or orders that explicitly state that failure to comply could lead to a strike-out. They may also send reminders or give you further opportunities to comply before making a final decision to strike out your case.
What should I do if I receive a strike-out application from the other side?
If you receive a strike-out application, you must respond to the tribunal or court by the deadline provided, explaining why your case should not be struck out and providing any missing information or documents. It is advisable to seek legal advice from a qualified solicitor promptly.