What happens if the Respondent applies to strike my claim out?
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:
- Does any Rule 38 ground apply?
- Would a lesser step—like a deposit or unless order—work better than a full strike out?
Where this sits in a claim
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