What happens after a strike out order has been made?

cpr PD 3A, para 1.6 provides that where a rule, practice direction or order states 鈥榮hall be struck out or dismissed鈥� or 鈥榳ill be struck out or dismissed鈥� this means that the striking out or dismissal will be automatic and that no further order of the court is required.

When the court makes a strike out order, it can make any consequential order it considers appropriate (CPR 3.4(3)). See also CPR PD 3A, para 4.2, which provides that where a judge strikes out all or part of a party鈥檚 statement of case, they may 鈥榚nter such judgment for the other party as that party appears entitled to鈥�.

As well as entering judgment for the other party, consequential orders could include that the party whose case was struck out pay the other party's costs. In Clutterbuck v Cleghorn for example, the Court of Appeal upheld the strike out of two of three of the claimants' claims and ordered the claimants to serve amended particulars