Apply to the court straight away to set aside the strike out and ask for relief from sanctions, then serve any missing documents correctly. If nothing is done, the claim usually stays struck out and the other side treats the dispute as finished. Gather the order, the reason given, and proof of what was filed and served before contacting the court. Keep all communication factual and focused on fixing the procedural problem, not re-arguing the whole case.
Most technical strike outs can be dealt with if action is taken quickly and the court is given a clear, organised explanation. The key is showing promptness, a good reason for the error, and that the case has a real prospect of success once the paperwork issue is corrected.
What the problem is
A county court claim can be struck out because something procedural went wrong rather than because the underlying dispute was decided. In UK small claims and fast track cases, this often appears after a deadline has passed for a step like filing a directions questionnaire, paying a fee, serving particulars, or complying with an order. Many people only realise there is a problem when a court order arrives saying the claim is struck out, or when the other side refuses to engage because the case is “dead”.
This tends to affect consumers and small businesses bringing money claims, especially where the claim was started online and then moved into paper-based steps. It commonly shows up after a partial response from the court, such as a notice asking for further information, or after a period of silence where the claimant assumes the court is processing things. It can also happen after a hearing date is set and a later order requires something to be done by a specific date, with strike out as the consequence for missing it.
The practical difficulty is that a strike out changes the balance immediately. The other side may stop negotiating, and any settlement discussions can stall because the claim no longer has active court pressure behind it.
Why this happens
Technical strike outs usually happen because the court process is deadline-driven and relies on correct service and correct forms. Common triggers include filing the wrong document, missing a fee payment, sending documents to the wrong address, not serving the other party, or misunderstanding what the court order required. Another frequent cause is assuming that uploading something to an online portal automatically counts as service on the other side, when the order required separate service.
Businesses defending claims often take advantage of procedural missteps because it is cheaper and faster than arguing the merits. If the claim is struck out, the defendant may treat it as leverage to push for a low settlement or to stop responding entirely. A typical organisational response pattern is that the defendant’s complaints or legal team points to the strike out and insists nothing further will be discussed unless the court reinstates the claim.
The court’s incentive is case management: it needs parties to comply so cases move forward. Where an order warned that non-compliance would lead to strike out, the court may apply that consequence without a hearing, especially if the file shows no timely request for more time.
Your UK position
A strike out for a technical error is not always the end. The practical route is to ask the court to set aside the order and grant relief from sanctions, explaining why the step was missed and why it is fair to let the claim continue. What usually works is demonstrating prompt action, a clear plan to fix the defect immediately, and that the case is not hopeless on the facts.
Leverage comes from showing the court that the error was procedural rather than deliberate, and that the other side is not materially prejudiced if the claim is reinstated. Courts tend to respond better to a short, structured explanation supported by evidence than to long narratives about unfairness. If the defendant has suffered no real disadvantage beyond delay, that can help, but it needs to be evidenced in practical terms (for example, documents are still available and the hearing timetable can still work).
It also matters whether the strike out was automatic under an “unless order” (do X by date or the claim is struck out) or whether it was a discretionary strike out. Unless orders are taken seriously, so the application needs to be especially prompt and specific about compliance.
Legal basis in UK
The relevant framework is the Civil Procedure Rules (CPR), which set the court’s powers to strike out claims and to grant relief from sanctions where a party has failed to comply with a rule or order. In practice, the court looks at how serious the breach was, why it happened, and whether the application was made promptly, then balances fairness to both sides and the need for efficient case management. The application is not a re-trial of the dispute; it is a focused request to put the case back on track with proper compliance.
For a practical overview of how the court expects parties to follow steps and deadlines, use GOV.UK guidance to find the civil court and tribunal information pages relevant to the claim type and hearing centre.
Evidence that matters
The court will want to see what went wrong, when it went wrong, and what is being done to fix it. Evidence should be organised around dates and documents, not opinions. The most useful material is anything that shows compliance was attempted, that the failure was limited, and that the other side was not misled.
Collect copies of the strike out order and any earlier order that set the deadline, plus proof of filing and service attempts. If the issue was a fee, collect payment screenshots, bank statements showing the attempt, and any court receipt. If the issue was service, collect the address used, proof of posting, email delivery confirmations, and any correspondence showing the defendant had the documents anyway.
What not to do is rewrite the whole claim at this stage. The application is about reinstating the claim and fixing the procedural defect, so the evidence should be tight and relevant.
Key documents
Put the court orders, the claim form/particulars, and the missing or late document in one bundle, with a simple timeline of dates. If something was sent, include the exact method and the proof, because “sent” without proof rarely helps. If there was a genuine obstacle (illness, bereavement, postal disruption, portal outage), include objective evidence rather than a bare statement.
Checklist
- The strike out order and any “unless order” that came before it
- Proof of filing (portal confirmation, email receipt, or court stamp)
- Proof of service on the defendant (post, email, or process server evidence)
- The document that was missing or late, ready to file and serve
- A short dated timeline of what happened and when
Common mistakes
Three mistakes keep recurring in UK cases: waiting for the defendant to “agree” to reinstatement instead of applying to the court, sending a long emotional statement instead of evidence and dates, and assuming the court will fix service problems without being asked. One thing not to do yet is start a fresh claim to “replace” the struck out one, because that can create duplicated proceedings and limitation risks.
What to do next
Start by reading the strike out order carefully and identifying the exact breach: what was required, by what date, and what the sanction was. Then act in a strict sequence so the court can see the problem is already being corrected.
Confirm the breach
Check whether the order was an unless order and whether the strike out was automatic. Confirm whether the missing step was filing, service, a fee, or something else. If the order is unclear, call the court office for procedural clarification, but do not rely on a phone call as a substitute for an application.
Fix the defect
Prepare the missing document immediately, in the correct format, and be ready to file and serve it the same day as the application if possible. If the issue was service, prepare a clean service pack and use a method that produces proof. If the issue was a fee, be ready to pay it and keep the receipt.
Use official forms
Apply using the court’s official application process (typically the standard application notice used for civil claims) and follow the court’s published route for filing it, which may be by email to the hearing centre, by post, or via the relevant online service depending on how the claim is managed. The form can be found through the court service pages on GOV.UK and, where applicable, the online account used for the claim; prepare the claim number, the order date, what order is being requested (set aside strike out and relief from sanctions), and a short witness statement with exhibits.
Include a draft order if the court expects one, and attach the missing document so the judge can see compliance is ready. Pay the application fee if required, or apply for fee remission through the official route if eligible, and keep proof of submission.
Serve the other side
Send the application and evidence to the defendant or their solicitor using the service method permitted in the case, and keep proof. If the defendant is represented, serve the solicitor, not the business address, unless the court order says otherwise. If the defendant responds with objections, keep replies short and stick to the CPR factors: seriousness, reason, promptness, and fairness.
Timeframes and escalation
A normal response timeframe is that the court will process the application and either list a short hearing or decide on the papers, often taking several weeks depending on the hearing centre. If there is no acknowledgement or listing notice after a reasonable period, chase the court office with the claim number and proof of filing, and ask for confirmation the application is on the file; if email was used, resend once with the original submission attached and request a receipt. If the strike out is causing immediate harm (for example, an enforcement step by the defendant for costs), ask in the application for an urgent hearing or interim stay and explain why urgency is needed.
When the underlying dispute is a consumer purchase paid by credit card, it can be sensible to run a parallel payment route while the court position is being repaired; the decision point is whether limitation or evidence issues make the court claim risky, and the Section 75 claim explained page can help clarify when that alternative is realistic.
One neutral typical UK outcome is that the court reinstates the claim once the missing step is completed and the delay is properly explained. The issue is usually resolved when the application is granted and the court gives fresh directions with new deadlines, after which the case returns to the normal track.
Related issues on this site
If the strike out happened after a service or deadline mix-up, it can help to compare the court route with other ways of resolving the dispute, especially where the value is modest and the other side is refusing to engage. The Small claims court process page is relevant when deciding whether to restart a claim after permission issues, and Service not delivered — legal options fits situations where the underlying problem is non-performance and the evidence is mainly emails, bookings, and timelines.
FAQ
Relief from sanctions
A relief from sanctions application after a missed deadline needs prompt filing and a clear reason for the breach. Courts usually focus on whether the failure was serious and whether the case can proceed fairly.
Unless order effect
An unless order strike out consequence is treated as automatic once the deadline passes. The application should show the missed step is now completed and explain why the court should reinstate.
Costs risk
Costs after a struck out claim can arise if the other side applies for their expenses or the court makes a costs order. Keeping the application focused and avoiding unnecessary hearings can limit exposure.
Starting again
Starting a new claim after strike out can create limitation and duplication problems. The safer route is usually to apply to reinstate unless the court has clearly barred it.
Before you move on
Have the strike out order, the earlier deadline order, and proof of what was filed and served ready before making the application, because the court will expect a clean timeline. Time pressure can lead to rushed decisions, especially if the other side is pushing for a quick “walk away” settlement.
Get help with the next step
Contact UKFixGuide — If the claim was struck out for a missed court step, include the order date, what was missed, and what you have ready to file and serve.
