strike out application
📖 What is strike out application? Meaning and definition
A strike out application is a formal request made to a Tribunal or court to have an application or part of a case dismissed. This can occur for several reasons, often relating to a party's failure to comply with procedural directions issued by the Tribunal. For example, if a party is given a deadline to submit documents or information and fails to meet it, the Tribunal may strike out their application.
The Tribunal has the power to strike out proceedings automatically if a direction explicitly stated that non-compliance by a certain date would lead to striking out. It can also choose to strike out a case if the applicant has not cooperated sufficiently, making it difficult for the Tribunal to deal with the matter fairly. Furthermore, if the Tribunal determines it does not have the legal authority (jurisdiction) over the case, it must strike out the relevant part.
In practice, a strike out can also happen if a claim is considered an 'abuse of process' or is 'scandalous or vexatious', though these are high thresholds to meet. For instance, if a claim lacks essential information at the point of filing, it might be subject to a strike out application, although such defects can sometimes be remedied later if the necessary information is provided.
📋 Requirements
- Failure by the applicant to comply with a direction that explicitly stated non-compliance would lead to striking out.
- Failure by the applicant to comply with a direction that stated non-compliance 'could' lead to striking out.
- The Tribunal lacks jurisdiction over the proceedings or a part of them.
- The applicant has failed to cooperate with the Tribunal, preventing a fair and just resolution.
- The proceedings are an abuse of process or are scandalous or vexatious.
📝 Procedure
- The Tribunal issues directions setting out a timetable for exchanging documents and preparing bundles.
- Parties are invited to send representations by a specified date.
- If a party fails to comply with directions, especially those stating non-compliance will lead to a strike out, the Tribunal may issue a formal order to strike out the application.
- The Tribunal may consider if a defect in the application (e.g., missing particulars) has been remedied before deciding on a strike out.
💡 Examples
- A landlord's application to dispense with consultation requirements was struck out because they did not follow the Tribunal's directions for exchanging documents by the set deadline.
- A claimant's application for a property manager was struck out because they did not cooperate with the Tribunal, making it impossible to deal with the case fairly.
- An employment claim was subject to a strike out application because it lacked particulars at the initial filing, but the defect was remedied when further details were provided later.
- An application was automatically struck out after the applicant missed a deadline for providing information, where the initial direction clearly stated this consequence.
📚 Legal basis
- Landlord and Tenant Act 1985
- Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013
❓ Frequently asked questions
What does it mean if my application is 'struck out'?
If your application is 'struck out', it means the court or Tribunal has dismissed your case or a specific part of it. This usually happens because you haven't followed their instructions or rules.
Why would a Tribunal strike out my case?
A Tribunal might strike out your case if you fail to comply with directions (like deadlines for documents), if you don't cooperate, or if the Tribunal doesn't have the legal authority to hear your case.
Can a strike out be automatic?
Yes, a strike out can be automatic if the Tribunal's initial direction explicitly stated that failing to comply by a certain date would lead to the proceedings being struck out.
What if my application had missing information?
If your application had missing information, it could be subject to a strike out application. However, if you provide the necessary details later, the defect might be considered remedied, allowing the claim to proceed.
What is 'abuse of process' in the context of a strike out?
'Abuse of process' is a high threshold for striking out a case, meaning the proceedings are being used improperly or unfairly. It's not just about minor errors but typically involves more serious misuse of the legal system.
What should I do if I receive a direction from the Tribunal?
You must comply with all directions from the Tribunal, such as deadlines for submitting documents or representations. Failure to do so can lead to your application being struck out, so it's crucial to respond promptly and accurately.