Jurisdiction(s):
United Kingdom

Key definition

Strike out definition

What does Strike out mean? Strike out refers to the court removing all or part of a claim, defence or other pleading, or excising passages from evidence (such as a witness statement or affidavit), so the material is no longer on the record and cannot be relied on. It is a case‑management power used to summarily dispose of issues or exclude inadmissible or non‑compliant material, on application or of its own initiative. Typical grounds include no reasonable grounds to bring or defend the claim, abuse of process, failure to comply with rules, practice directions or court orders, and matter that is scandalous, irrelevant, oppressive or inadmissible. England...

Employment Tribunal application template for strike-out or unless order (Rules 38–39, England, Wales and Scotland)

Published by a LexisNexis Employment expert

Precedents

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. ]...

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Web page updated on 22/05/2026

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