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Content Hub/FAQ Strike Outs/What happens if the Respondent applies to strike my claim out?

Wednesday, July 09, 2025

FAQ Strike Outs

What happens if the Respondent applies to strike my claim out?

<< What are the grounds for striking out?

Strike Out FAQ

How do I respond to a strike out application? >>

Formal notice

The respondent should notify you in writing that they’re applying to strike out your claim, citing Rule 38 grounds.

Reply

You then have the opportunity to respond in writing, or ask for an oral hearing.It’s crucial to ask for the hearing if you want to speak to the tribunal. Write a clear answer, referring to each respondent’s reason. Show your claim is well-pleaded, legally valid, and actively pursued. Request an oral hearing if needed

Two Stage Test

Tribunals check:

1. Does any Rule 38 ground apply?
2. Would a lesser step—like a deposit or unless order—work better than a full strike out?

Chronology of a claim

Disclaimer: Please note, none of the answers on this page or connected pages are legal advice, and whilst reasonable steps are taken to ensure its accuracy at the time of publication, the law changes regularly

🧭 Navigating your Claim

⏳ Chronology of a Claim

Click the button below to view the resources relevant to the stage your claim is at, and what is ahead of you!

🤝 Informal Resolution

Try to settle the dispute without starting a claim.

📝 Presenting a Claim

Not able to resolve your issue? Then set out your complaint by completing the ET1 and respond with an ET3

🔗 Drafting ET1's and Particulars of Claim

🗂️ Case Management

Once the claim has started get the roadmap for your case at a Case Management Hearing ("CMH").

🔗 Case Management Hearings guidance

🎥 Case Management Hearings course

📑 Case Management Hearing Preparation Service

⚖️ Preliminary Applications and Hearings

The CMH may identify specific issues to resolve before a Final Hearing, like strike-out or employment status.

🔗 Strike out content

🔗 Who will be in tribunal?

📂 Disclosure

You will be ordered to exchange all relevant documents with the other side.

🗣️ Witness Statements

You will need to write a detailed account of your evidence before the Final Hearing and possibly any Preliminary Hearing, and send it to the other side.

🔗 Witness statements guidance

🏛️ Final Hearings

This is when your case is decided by the tribunal.

🔗 Who will be in tribunal?

💷 Remedies

If you win, this stage decides compensation or reinstatement

🔗 Injury to feelings damages

🔁 Appeals

You may be able to challenge the outcome — but only on limited grounds.