What does it mean if your case is struck out?
In simple terms, the term ‘struck out’ means that a claim has been dismissed by a court and cannot be pursued any further. The consequences of a claim being struck out can be mortifying. You could lose the opportunity to continue with your claim, and may as well be obliged to pay your opponent’s legal costs as well as your own.
Reasons that a Court can strike out a claim
The Court has various powers to strike out a claim. This is clarified further under Civil Procedure Rule 3.4 which confirms that the Court can strike out a claim in the following circumstances:
- There has been a failure by either party to comply with a rule, practice direction or court order
- The Claimant has no reasonable grounds for bringing their claim
- The Defendant has no reasonable grounds for defending a claim
- The claim is an abuse of process
Consequences of a claim being ‘struck out’
The consequences of your claim being struck out are devastating. The consequences include:
- A loss of chance of recovering what you are claiming
- A loss of chance to put forward a defence
- You will have to pay your opponent’s legal costs as well as your own
- You are prevented from making another claim with similar grounds
What can you do if your case has been struck out?
You must seek independent legal advice immediately! When you have retained a firm of solicitors to represent you, and discover that your claim has been struck out, you need to consider the reasons behind the claim or defence being struck out. If you believe that your solicitor has made a mistake which has led to your case being struck out, then you can possibly pursue your solicitor for compensation due to their negligence.
You can potentially retrieve the following losses:
- Your wasted legal costs
- The legal costs you have been ordered to pay on behalf of your opponent
- The value of the claim that has been struck out
If you have been let down by your solicitor resulting in your claim being struck out, our Professional Negligence team can help you recover compensation you are entitled to.
If you want to start a claim, then visit our website.
