Article 40 Power to reject

(1)

The Tribunal may, of its own initiative or on the application of a party, after giving the parties an opportunity to be heard, reject in whole or in part a claim for damages at any stage of the proceedings if—

(a)

it considers that there are no reasonable grounds for making the claim;

(b)

in the case of proceedings under section 47B of the 1998 Act it considers that the body bringing the proceedings is not entitled to do so, or that an individual on whose behalf the proceedings are brought is not a consumer for the purposes of that section;

(c)

it is satisfied that the claimant has habitually and persistently and without any reasonable ground—

(i)

instituted vexatious proceedings, whether against the same person or different persons; or

(ii)

made vexatious applications in any proceedings; or

(d)

the claimant fails to comply with any rule, direction, practice direction or order of the Tribunal.

(2)

When the Tribunal rejects a claim it may enter judgment on the claim in whole or in part or make any other consequential order it considers appropriate.