Rule 12 Striking out a party’s caseI1

England and Wales

(1)

The Tribunal must strike out the whole or a part of an appeal if the Tribunal does not have jurisdiction in relation to the appeal or that part of it.

(2)

The Tribunal may strike out the whole or a part of an appeal if—

(a)

the appellant has failed to comply with a direction given under these Rules which stated that failure by the appellant to comply with the direction could lead to the striking out of the appeal or part of it;

(b)

the appellant has failed to co-operate with the Tribunal to such an extent that the Tribunal cannot deal with the appeal fairly and justly; or

(c)

the Tribunal considers there is no reasonable prospect of the appellant’s case, or part of it, succeeding.

(3)

The Tribunal may not strike out the whole or a part of the appeal under paragraph (1) or (2)(b) or (c) without first giving the appellant an opportunity to make representations in relation to the proposed striking out.

(4)

If the appeal, or part of it, has been struck out under paragraph (2)(a), the appellant may apply for the appeal, or part of it, to be reinstated.

(5)

An application under paragraph (4) must be made in writing and received by the Tribunal no later than the date on which expires the period of 28 days beginning with the date on which the Tribunal sent notification of the striking out to the appellant.

(6)

This rule applies to a respondent as it applies to an appellant except that—

(a)

a reference to the striking out of the whole or a part of the appeal is to be read as a reference to the striking out of the whole or a part of the response to the appeal; and

(b)

a reference to an application for the reinstatement of an appeal which has been struck out is to be read as a reference to an application for the reinstatement of a response to an appeal which has been struck out.

Annotations

Commencement

I1: Rule 12 in force at 1.10.2011, see rule 1(1)