Dispute Resolution Guides: Strike Out Orders, Summary Judgment, And How To Set Aside A Default Judgment

• Published date: 08 September 2023
• Subject Matter: Litigation, Mediation & Arbitration, Arbitration & Dispute Resolution
• Law Firm: Bindmans LLP
• Author: Mr Mark Ovenell

We have a range of Dispute Resolution Guidance Documents available to assist both individuals and organisations through procedures they may be facing for the first time. This month, find out more about stike out orders and summary judgment, and the process of setting aside a default judgment.

Strike out and summary judgment

If, as either a Claimant or Defendant in a Court claim, you believe that your opponent's case has no merit, or is simply not realistic, there are a couple of options available allowing you to request that the Court makes an early determination of the claim, which also means that matters are dealt with quicker and cheaper than they would be if you were to proceed to a full trial.

The first option is a strike out application, the purpose of which is to ensure that material from a party's statement of case is deleted and cannot be relied upon in the proceedings. If the whole of a statement of case is struck out, then it normally leads to the other party being awarded judgment.

The second option is a summary judgment, often arranged if the Court is reluctant to make a strike out order. A summary judgment involves the party combining their strike out application with an application for summary judgment, which provides the applicant with a chance to have their case considered at an early stage via a short hearing and if successful, will save on the time and expenses of full litigation and a longer trial.

How do I set...