Strike out in UK Law

Leading Cases
  • Arbuthnot Latham Bank Ltd v Trafalgar Holdings Ltd
    • Court of Appeal (Civil Division)
    • 16 December 1997

  • Securum Finance Ltd v Ashton and another
    • Court of Appeal (Civil Division)
    • 21 June 2000

  • Barrett v Enfield London Borough Council
    • House of Lords
    • 17 June 1999

  • Ronex Properties Ltd v John Laing Construction Ltd
    • Court of Appeal (Civil Division)
    • 22 July 1982

    Where it is thought to be clear that there is a defence under the Limitation Act, the defendant can either plead that defence and seek the trial of a preliminary issue or, in a very clear case, he can seek to strike out the claim upon the ground that it is frivolous, vexatious and an abuse of the process of the court and support his application with evidence. But in no circumstances can he seek to strike out on the ground that no cause of action is disclosed.

  • Johnson v Gore Wood & Company (A Firm)
    • House of Lords
    • 14 December 2000

    That is to adopt too dogmatic an approach to what should in my opinion be a broad, merits-based judgment which takes account of the public and private interests involved and also takes account of all the facts of the case, focusing attention on the crucial question whether, in all the circumstances, a party is misusing or abusing the process of the court by seeking to raise before it the issue which could have been raised before.

    The problem can be resolved only by close scrutiny of the pleadings at the strike-out stage and all the proven facts at the trial stage: the object is to ascertain whether the loss claimed appears to be or is one which would be made good if the company had enforced its full rights against the party responsible, and whether (to use the language of Prudential at page 223) the loss claimed is "merely a reflection of the loss suffered by the company."

  • Three Rivers District Council v Governor and Company of the Bank of England (No. 3)
    • House of Lords
    • 22 March 2001

    For example, it may be clear as a matter of law at the outset that even if a party were to succeed in proving all the facts that he offers to prove he will not be entitled to the remedy that he seeks. In other cases it may be possible to say with confidence before trial that the factual basis for the claim is fanciful because it is entirely without substance. It may be clear beyond question that the statement of facts is contradicted by all the documents or other material on which it is based.

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Legislation
  • The Tribunal Procedure (Upper Tribunal) Rules 2008
    • UK Non-devolved
    • January 01, 2008
    ... ... (F731A) Except for paragraph (2) , this rule does not apply to an asylum case or an immigration case ... (2) The Upper Tribunal must strike out the whole or a part of the proceedings if the Upper Tribunal(a) does not have jurisdiction in relation to the proceedings or that part of them; ... ...
  • The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013
    • UK Non-devolved
    • January 01, 2013
    ... ... (2) The Tribunal must strike out the whole or a part of the proceedings or case if the Tribunal(a) does not have jurisdiction in relation to the proceedings or case or that part ... ...
  • Equality Act 2010
    • UK Non-devolved
    • January 01, 2010
    ... ... a claim or counter-claim relating to a non-discrimination rule could more conveniently be determined by an employment tribunal, the court may strike out the claim or counter-claim ... (2) If in proceedings before a court a question arises about a non-discrimination rule, the court may (whether ... ...
  • Miners’ Strike (Pardons) (Scotland) Act 2022
    • Scotland
    • January 01, 2022
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Books & Journal Articles
  • When disadvantaged adolescents strike out: the impact of negative metastereotypes on delinquency
    • No. 3-1, March 2013
    • Journal of Criminal Psychology
    • 4-18
    Purpose: This paper aims to examine the impact of perceived negativity against the ingroup on delinquency in disadvantaged social groups. It is based on assumptions from labeling theory and social ...
  • The practice of the European Court of Human Rights when striking out applications
    • No. 36-1, March 2018
    • Netherlands Quarterly of Human Rights
    • 0000
    This paper analyses how the European Court of Human Rights has applied Article 37 of the European Convention on Human Rights that gives it the power to strike out pending cases in the current conte...
    ... ... analyses how the European Court of Human Rights has applied Article 37 of theEuropean Convention on Human Rights that gives it the power to strike out pending cases in thecurrent context of an overwhelmed Court by individual applications. This article shows that theCourts interpretation of ... ...
  • Strike‐free Deals and Pendulum Arbitration
    • No. 28-1, March 1990
    • British Journal of Industrial Relations
    This article analyses the legal and procedural aspects of strike‐free deals, focusing in particular on their contractual status, the drafting of their no‐strike clauses, and the ‘binding’ nature of...
  • Does Strike Action Stimulate Trade Union Membership Growth?
    • No. 55-1, March 2017
    • British Journal of Industrial Relations
    Most of the literature on strikes has addressed one of four issues: causation, variation between sectors and countries, trends over time and the relationship between strikes and other forms of coll...
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Law Firm Commentaries
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Forms
  • Request for change
    • HM Courts & Tribunals Service court and tribunal forms
    Special Educational Needs and Disability (SEND) Tribunal forms including the education, health and care (EHC) plan form to appeal against a decision.
    ... ... A change to the final hearing date ... A witness summons ... Permission to amend grounds of appeal/response ... Strike out the appeal/LA barred ... Permission to bring an additional witness ... Other (specify below) ... An observer to attend the hearing ... The ... ...
  • Notice of Allocation to the small claims track (Hearing)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to matters raised in the Administrative Court, including challenges to decisions made by organisations such as local authorities and regulators.
    ... ... you have filed ... • If you do not attend the hearing and do not ... give notice that you will not attend, the district ... judge may strike out your claim, defence or ... counterclaim. If the claimant attends but the ... defendant does not, the district judge may ... make a decision based ... ...
  • Notice of Allocation to the small claims track - no hearing (specimen form)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to matters raised in the Administrative Court, including challenges to decisions made by organisations such as local authorities and regulators.
    ... ... The hearing will be vacated, unless a ... counterclaim survives the claim being struck out ... If, following strike out of the claim the claimant or defendant wishes to start fresh proceedings a new claim ... must be filed together with the appropriate fee or ... ...
  • Notice of Allocation to the fast track
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to matters raised in the Administrative Court, including challenges to decisions made by organisations such as local authorities and regulators.
    ... ... The hearing will be vacated, unless a ... counterclaim survives the claim being struck out ... If, following strike out of the claim the claimant or defendant wishes to start fresh proceedings a new claim ... must be filed together with the appropriate fee or ... ...
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