Reply To: F-T tribunal directions to appellant-

#114454
nick dearnley
Participant

Rule 8 of the Tribunal Procedure Rules does give a power to strike out where there is no prospect of success, but they have to give the appellant the opportunity to ‘make representations’ before doing so (and I’m not sure the Judge can ‘direct’ them to mak e representations).

Did you (or the appellants) opt for paper rather than oral hearings? If so, perhaps the Judge has got part-way through looking at the cases and decided he needs further documents, and asked for them under rule 5?

It sounds as though the Judge may have confused the power to strike out for failure to comply with a direction with the power to strike out for no prospect of success; so he’s ended up saying ‘I direct you to make representations, and if you fail to follow the direction I will strike out your case’

I agree with you though Amanda, it does seem fairer to have a hearing (even if just on the papers) and then dismiss the appeals on their merits, rather than in this slightly summary way.