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ARTICLE · 16 OCTOBER 2026

Strike Out Applications: When To Apply And The Risks

Taylor Rose
Taylor Rose
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Taylor Rose

Taylor Rose

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Strike out applications can be powerful litigation tools in civil disputes, but they carry significant risks and costs. Understanding when to make or resist such applications requires careful assessment of legal grounds, tactical implications, and potential outcomes beyond simply identifying technical defects in an opponent's case.

United KingdomLitigation, Mediation & Arbitration
Martha Maliszewski
Martha Maliszewski

A strike out application is a type of application to the court to bring all or part of a civil claim or defence to an end without a full trial. It can be a powerful litigation tool, but making an applications is risky even where there are grounds to apply.

The Civil Procedure Rules (CPR), which govern civil court proceedings in England and Wales, allow various applications during a case. Some can significantly change its direction at an early stage by narrowing issues or potentially bringing a claim or defence to an end. Knowing when to make or resist an application can therefore be an important part of litigation strategy.

Our commercial litigation lawyers advise on strike out applications as part of the wider strategy of substantial disputes. We assess not only whether there are legal grounds to apply or resist an application, but the prospects, costs risk, likely response from the opponent and what the application would actually achieve. Tactical judgement can be as important as

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