Application for strike out

[HarryJackson]

When does this need to be made?

I was told before allocation i.e. before Direction Questionnaires are filed.

[HarryJackson]

Basically, there was a threat to have my claim struck out. I have been waiting ever since, under the belief that as neither Defendant nor Claimant had yet filed DQ's and there had been no allocation, this is when such an application should be made. Got an email yesterday with the Defendant's DQ, asking where mine was? I was under the impression their proposed application should and could only occur before allocation to track?

[R0b]

No, you are wrong. Strike out could happen any time though it is generally recommended the earlier the better but if new information comes to light then a strike out can happen at anytime before the hearing and (in some cases) during the hearing itself.

Otherwise you follow the legal process/court order unless something changes either in the form of an application or further court order or court notice. People make threats of this application and that application and most are largely just bluff. It would be dangerous for you to rely on what their solicitor says and not follow what the court has ordered you to do. The Court rules, not your opponent's solicitor.