What is Strike Out?
An Employment Tribunal and the High Court have the power, at any stage of the proceedings, either on their own initiative or on the application of a party, to strike out all or part of a claim or response/defence on one of the following grounds:
- That it is no reasonable prospect of success;
- It is scandalous or vexatious (or abuse of court’s process in the High Court)
- That the manner in which the proceedings have been conducted by or on behalf of the claimant or respondent/defendant (as the case may be) has been scandalous, unreasonable or vexatious (Tribunal) or abuse of the High Court’s process or is likely to obstruct the just disposal of the High Court’s proceedings ;
- For non-compliance with any of the Rules, Practice Directions (High Court), or with an order of the Court or Tribunal;
- In a Tribunal case, that the claim has not been actively pursued; and
- That the Court or Tribunal considers that it is no longer possible to have a fair hearing in respect of the claim or response (or the part to be struck out).
The power to strike out a claim or response is discretionary. Even if one of the grounds listed above is made out, the Court or Tribunal must consider whether a strike out is a proportionate measure.
Farore Law is a leading boutique law firm that has a wealth of experience in advising senior executives on employment matters. We are well placed to provide appropriate advice regarding the enforceability of contractual terms, seeking a settlement agreement and commencing or defending litigation in the High Court or the Employment Tribunal.
Please contact us if you require legal advice.