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What happens after a case is dismissed or struck out?

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  • What happens after a case is dismissed or struck out?

    Thanks to invaluable help from this forum and Legal Beagles this Summer I had one claim against me dismissed and another was struck out,

    However I wonder is that the end of it?

    ( One of the claims was originally stayed in 2017..yet they were still able to persue it two years later)

    If a Claim is dismissed or struck out by the Courts can the Claimant or Someone else still find a way to persue it at a later date? Or is the courts decision final and I just need to wait for the default to drop off my credit file?

    Thanks as always for the info
    Tags: None

  • #2
    Anyone?

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    • #3
      When a claim is dismissed by the court, it is considered the final decision on the matter, unless one party wishes to appeal the decision in which case the appeal procedures are followed.

      A case that is struck out is not the same as a dismissal. A strike out is usually done by the court's own initiative or an application by someone party to the proceedings. A case may be struck out because the claim/defence dislcoses no reasonable grounds, it is an abuse of process e.g. bringing the same claim twice, it would obstruct the disposal of proceedings (less common) or there has been a breach of an order or rule.

      When a claim/defence is struck out, it is open to the affected party to make an application to the court to revive the claim/defence. For example, if the affected party did not comply with a rule or order then it is possible that a court could restore the claim/defence depending on the seriousness of the breach and whether the affected party has taken steps to comply.

      So to answer your question, yes it is possible for a claim that is dismissed/struck out to be pursued further, but there are strict time limits and criteria which can be difficult to overcome, so the majority of dismissed/struck out cases don't tend to go further than that, especially in the County Courts since there are added costs that may not be recoverable.
      Check out some useful guides below

      A guide to voluntary termination
      Seting aside a CCJ
      Completing an N180 Form (Courtesy of Jaguarsuk)

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      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

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      • #4
        Perfect summary Rob, thank you very much for making the legal jargon clearer

        Comment

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