We take a look at what it means if a legal case is struck out?
Under the law of England and Wales, if a legal case is “struck out,” it means that the court has decided to remove the case (or part of the case) from the court record. This often occurs because the court considers the claim or defence to be legally insufficient, defective, or flawed in some way. There are several reasons why a case might be struck out:
Common Reasons for Striking Out:
1. No Reasonable Grounds for the Claim or Defence: The claim or defence does not disclose any legally valid basis for proceeding. For example, if the facts in the claim, even if true, do not constitute a legal cause of action, the case may be struck out.
2. Abuse of Process: The case is seen as an abuse of the court’s process, such as when the proceedings are frivolous, vexatious, or designed to harass the other party.
3. Failure to Comply with Court Rules or a Court Order: If a party fails to comply with procedural rules, like submitting documents on time, or disobeys a court order, the case may be struck out.
4. Lack of Prosecution: If the claimant (the party bringing the case) takes too long to move the case forward without a valid reason, the court may strike out the case.
5. Frivolous or Vexatious Claims: If the court believes the claim has no real merit or is designed to cause annoyance or expense to the defendant without a genuine legal foundation.
What happens when a legal case is struck out:
If a case is struck out, it essentially ends that case or claim. The claimant would have to start the legal process again if they wish to pursue the matter, though they may not always be allowed to do so depending on the nature of the strike out and the Limitation Act.
Strike-Out Applications:
Either party can apply to have the other party’s case or defence struck out, or the court may strike out the case on its own initiative.
Solicitors Negligence:
When a legal case is struck out it can often be due to the negligence of the solicitor who was dealing with the claim. If someone suffers financial loss as a result of a case being struck out then they may be entitled to make a negligence claim against the solicitor to recover compensation.
No Win, No Fee Negligence Claims:
We specialise in claims against solicitors and can work on a No Win, No Fee basis. So if a legal case is ‘struck out’ and you would like to pursue a claim for compensation, then contact us for a free assessment of your case and details of No Win, No Fee funding.
If your legal case is struck out and your solicitor is at fault, contact our legal helpline for a free assessment and details of No Win, No Fee funding. Call 0333 888 0403 or email us at [email protected].
