OpenLegislation

Rule 41 Power to strike out

(1)

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

(a)

it considers that the Tribunal has no jurisdiction to hear or determine the claim;

(b)

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

(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, practice direction issued under rule 115, or any order or direction of the Tribunal.

(2)

When the Tribunal strikes out a claim it may make any other consequential order it considers appropriate.