Rule 28 Dismissal of claimI1
England, Wales and Scotland
If the Tribunal considers either that it has no jurisdiction to consider the claim, or part of it, or that the claim, or part of it, has no reasonable prospect of success, it must send a notice to the parties—
setting out the Tribunal’s view and the reasons for it, and
ordering that the claim, or the part of it, is to be dismissed on such date as is specified in the notice unless before that date the Tribunal has received written representations from the party advancing the claim explaining why the claim, or part of it, should not be dismissed.
If the Tribunal has not received written representations before the date specified in the notice under paragraph (1)(b), the claim is dismissed without further order and the Tribunal must write to the parties to confirm what has occurred.
If the Tribunal receives written representations before the date specified under paragraph (1)(b), the written representations must be considered by the Tribunal, who must either permit the claim, or part of it, to proceed or fix a hearing for the purpose of deciding whether it should permit the claim, or part of it, to do so. The party responding or replying to that claim may, but need not, attend and participate in the hearing.
If the claim or any part of it is permitted to proceed, the Tribunal must make a case management order.