Paragraph 34 Power to strike out

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. heading word substituted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(a)
Sch. rule 1 words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(b)(i)(aa)
Sch. rule 1 words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(b)(i)(bb)
Sch. rule 1 words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(b)(ii)
Sch. rule 21(2) words substituted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(c)
Sch. rule 26(5) words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(d)
Sch. rule 37 omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(e)
Sch. rule 38(1) words substituted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(f)(i)
Sch. rule 38(4) words substituted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(f)(ii)
Sch. rule 45(1) words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(g)

(1)

On the application of any party, the Tribunal may order that all or part of the application, reply or any document supplied in the course of an application be struck out if it appears to the Tribunal that it—

(a)

discloses no reasonable grounds for making or defending the application; or

(b)

is an abuse of the Tribunal’s process or is otherwise likely to obstruct the fair disposal of the proceedings.

(2)

The Secretary must deliver to the parties copies of an application for an order under this rule, and inform the parties of their opportunity to reply within 28 days or such period as the Chairman considers appropriate explaining why such an order should or should not be made.