Last Updated on 5th March 2025
What are your options if your case is struck out in the county court?
We specialise in solicitors negligence. Our top rated lawyers deal with cases that have been struck out due to a legal mistake and offer a free consultation service. Call 0333 888 0403 or email us at [email protected]
What does it mean if your county court claim is struck out?
If a claim gets ‘struck out‘ it means that the legal action has been dismissed by the court, and can’t be pursued. Only if the striking out order is set aside can the claimant continue with their claim.
Striking out is a draconian course of action, and can cause huge upset, disappointment, and financial loss to the claimant. Not only will they lose out on whatever remedy they were seeking (such as an award of compensation), but they may also be ordered to pay their opponent’s legal costs, as well as their own.
The power of the county court to strike out a claim
The county court can strike out a claim if:
- it believes there are no reasonable grounds for bringing the claim;
- it concludes that the case is an abuse of process; or
- there has been a failure to comply with a rule, direction or court order.
What to do if your county court claim is struck out
The first thing to do is to establish why the claim has been struck out, and what options there are for setting aside the striking out order.
If you have a solicitor representing you and your claim has been struck out because of something they did, or failed to do, then consider making a professional negligence claim against them.
It might, for instance, be the case that your claim has been struck out because your solicitor failed to comply with an ‘unless order’. Unless orders are commonly made to require a party to take a step in the legal action by a specified date, and ‘unless they do so the claim will be struck out.” If the solicitor fails to comply then they are likely to have been negligent.
If your solicitor is at fault then you can pursue a claim against them for the financial losses you have incurred as a consequence of the striking out. This could include:
- The value of the claim that has been struck out.
- Any legal costs you are ordered to pay to the defendant.
- Your own legal costs.
Free consultation with a No Win, No Fee professional negligence solicitor
Our top rated professional negligence solicitors will be happy to offer you a free consultation. They will assess your case, and offer specialist guidance on recovering compensation from your solicitor. You do have a legal duty to ‘mitigate your loss’, so they may be able to recommend steps to reduce or limit the damage to your position.
We will also look at the funding options available to you and will be happy to consider whether we can deal with the solicitors negligence claim on a No Win, No Fee basis.
Call 0333 888 0403 or email us at [email protected].
