Strike out meaning

This Checklist sets out a structured route to follow when preparing to issue a summary judgment application. It is guided by the detailed material in the following Practice Notes and is intended to supplement, rather than substitute, that guidance: Summary judgment applications—what, who and when Summary judgment—general principles Summary judgment—making an application Determining whether summary judgment is the appropriate application to make Is summary judgment available in this type of proceedings? In some proceedings, summary judgment is restricted or not permitted—see Practice Note: Summary judgment applications—what, who and when. On what basis do you say the proposed respondent’s case lacks a real prospect of success? Keep this question foremost—if you cannot state the point with clarity, it may indicate summary judgment is not the proper course. See Practice Note: Summary judgment—general principles...

For general guidance on summary judgment and strike out, please consult: Summary judgment and strike out—overview. For targeted direction on answering an application for summary judgment or strike out, also see Practice Note: Strike out and summary judgment applications—how to respond. Amendments to CPR Part 24 and CPR PD 24—1 October 2023 Practitioners should be aware that the CPR provisions concerning summary judgment changed with effect from 1 October 2023. CPR Part 24 was replaced and CPR PD 24 was withdrawn. These revisions were designed to streamline the rules and therefore do not materially affect the substantive law or practice. The numbering and placement of certain provisions has altered. Consequently, authorities issued before the 1 October 2023 amendments may still refer to the former provisions and numbering. References in this Checklist are to the current wording of CPR Part 24 as now in force...

This checklist outlines the matters to be reviewed and the actions to take in order to voluntarily strike off and dissolve a company in the proper manner. Step Notes/Resources Tick box when the step is completed or the matter considered Preparing for voluntary strike off and preliminary checks Confirm that the company has not, at any time in the last three months: altered its name traded or otherwise conducted business of any kind disposed of property for consideration where the asset was held with the aim of disposing for gain in the ordinary course of business undertaken any other activity at all This does not apply if the activities above were carried out solely to make the strike off application, to conclude the company’s affairs, or to comply with a statutory obligation (for example, filing the company’s accounts or a confirmation statement), and nothing further. If the company has undertaken anything outside these exceptions, it cannot apply...

In this issue Working time and flexible working Pay Tax Prohibited conduct (discrimination etc) Employment tribunal equality claims Diversity and gender pay gap Industrial action Unfair dismissal Employment tribunals Immigration Northern Ireland ESG and sustainability: employment issues Daily and weekly news alerts Dates for your diary Trackers New Q&As Working time and flexible working Code of Practice (Requests for Flexible Working) Order 2024 (SI 2024/429): The Order designates 6 April 2024 as the date on which the updated Code of Practice on handling requests for flexible working, issued by the Advisory, Conciliation and Arbitration Service (Acas) under section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), takes effect. It also clarifies that the revised Code does not cover applications for flexible working made under section 80F of the Employment Rights Act 1996 (ERA 1996) that are lodged on or before 5 April 2024;...

In this issue: Horizon scanning Worker status and categories Immigration Pay Remuneration Taxation Diversity and the gender pay gap Maternity, parents and carers Whistleblowing Data protection and staff information Confidentiality, obligations and restrictions: enforcement Financial services and banking: employment matters Bribery, modern slavery, tax evasion and fraud Issues arising on termination Employment Tribunals Civil courts and alternative dispute resolution Dates for your diary Trackers Employment resources on Lexis+® LexTalk® Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning Updated Employment Rights Bill to be considered by the House of Lords The updated Employment Rights Bill (ERB), transmitted from the House of Commons to the House of Lords, was issued on 14 March 2025. Its second reading in the House of Lords is scheduled for 27 March 2025...

In this issue: UK mergers UK private actions UK market investigations EU antitrust EU State aid Daily and weekly news alerts LexTalk®Competition: a Lexis®Nexis community New and updated content Caselex UK mergers The CMA has issued its final positions following reviews of three sets of merger remedies and a single market investigation order: discharge undertakings in lieu of reference from August 2011 linked to Acergy SA’s acquisition of Subsea 7 Inc discharge undertakings in lieu of reference from August 2008 relating to Home Retail Group plc’s purchase of 27 leasehold properties from Focus (DIY) Ltd discharge undertakings dating from February 2002 by Lloyds TSB Group plc concerning its acquisition of Abbey National plc revoke the Energy Market Investigation (ECOES/DES) Order 2016 The CMA determined that, due to changes in circumstances, all of the relevant remedies are no longer suitable and should therefore be released (for the undertakings)...

Precedent Summary Letter of claim—patent infringement This Precedent provides an outline letter of claim, the expression presently used in the Civil Procedure Rules, and is often described as a letter before action or a cease and desist letter. It concerns alleged patent infringement. The accompanying Drafting Notes set out how to strike a balance between the Practice Direction Pre-Action Conduct and Protocols obligations for a letter of claim and the unjustified threats provisions in section 70 of the Patents Act 1977. They also include suggested draft undertakings. Particulars of Claim—patent infringement claim This is a Precedent Particulars of Claim intended for use in a patent infringement action...

This Practice Note offers an overview of industrial action, covering what it is, picketing, the right to take industrial action, unlawful forms of industrial action, balloting for, and employer notification of, industrial action, and trade union liability. It also provides guidance on industrial action for employers and for employees. What is industrial action? Industrial action occurs when workers act together (ie collectively) against their employer because of a workplace dispute. It may take the form of a strike—which section 246 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) generally defines as ‘any concerted stoppage of work’—but can also involve measures short of a total stoppage, such as: a ‘go-slow’ (ie workers take longer than usual to finish tasks) work-to-rule (ie workers do only what their contract requires and no more) an overtime ban (ie no overtime is worked) a call-out ban (ie workers refuse requests to work outside scheduled hours) Industrial action sits at the...

Practice Note This Practice Note consists of two strands created to help dispute resolution practitioners remain up to date with developments in case law that affect their field, or which influence civil litigation procedure more generally: selected forthcoming appeals to the Supreme Court are highlighted below; see Key forthcoming appeals to the Supreme Court—2022 summaries of significant appeal decisions in England and Wales (ie rulings of the Court of Appeal and Supreme Court and, where appropriate, certain judgments of the Competition Appeal Tribunal, Judicial Committee of the Privy Council, Court of Justice of the European Union), and ECtHR, which we have covered; see: Key forthcoming appeal cases—2022 You can navigate this content using the table of contents in the left-hand margin. Alternatively, search this tracker using [CTRL]+[F]. This material is not intended to be a comprehensive register of every appeal or major decision relevant to dispute resolution practitioners. Key forthcoming appeals to the Supreme Court—2022 Tort and negligence ...

Employment Tribunal [ insert date ] [ Insert ] Employment Tribunal [ Insert address ] To the [ insert ] Employment Tribunal [ Insert name of case, eg X v Y ] Claim Number: [ insert claim number ] On behalf of the [ Claimant OR Respondent ], we seek [ a strike-out order OR an unless order OR a strike-out order or, alternatively, an unless order ]. [ Our view is that this application can be determined on written representations alone [ , unless the claimant requests a hearing at which to give oral representations in response to the strike-out application, ] and that proceeding in this way would avoid the parties having to attend and incurring the related costs of a hearing. OR We request that a preliminary hearing be listed to consider the details of this application. ]...

[ Insert in para 6.1 of response form ET3: ] It is [ admitted OR denied ] that the Claimant’s dismissal arose from the reasons set out or alleged within the claim. [ In truth, the basis for his dismissal concerned the Claimant’s [ conduct OR capability OR redundancy OR [ insert other appropriate reason ] ], namely [ insert details of reason ]. OR The Respondent was compelled to dismiss the Claimant by pressure exerted by the [ insert name of trade union ], specifically by calling, or threatening to call, a strike [ insert details ]. Accordingly, the Respondent requests that the [ insert name of trade union ] be joined as a party to these proceedings, and that any compensation awarded to the Claimant be borne entirely by that union. ]...

ARCHIVED : This Precedent is archived and no longer updated. For guidance on preparing witness statements in interim applications, see Practice Note: How to draft a witness statement for an interim application. For guidance on strike out applications, see Practice Note: Strike out—making an application to strike out a statement of case. Submitted on behalf of the [ Claimant OR Defendant ] Witness statement of [ insert initial and surname of witness ] Witness statement number: [ insert number of witness statement in relation to the witness ] Exhibit particulars: [ insert initials and number of each exhibit referred to ] Date the statement was made: [ insert date ] [ Date of translation: [ insert date ] ] Claim No. [ insert claim number ]...