Strike out
Plain-English definitions for England and Wales. General information, not legal advice. Laws and figures change - always check the current position on GOV.UK.
Strike out An order by which a tribunal dismisses all or part of a claim or response before a final hearing - for example because it has no reasonable prospect of success, was not actively pursued, or a party failed to comply with orders. It is a serious step and the tribunal must usually give a warning and a chance to respond first.
Also known as: struck out, striking out
Related terms
- Preliminary hearing
- A hearing held before the final hearing to deal with case-management matters (such as setting a timetable, clarifying the issues, or ordering disclosure) or to decide a specific preliminary point (such as whether a claim was brought in time). It can be in private or in public depending on what it covers.
- Case management order
- A direction from the tribunal setting out the steps each side must take before the final hearing and by when - for example exchanging documents, witness statements, or preparing the bundle. Failing to comply can lead to sanctions.
- Deposit order
- An order that a party pay a deposit (up to a statutory maximum per allegation) as a condition of being allowed to continue with a specific claim or argument the tribunal considers has little reasonable prospect of success. It is a warning about costs risk, not a penalty in itself.
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