Sentences with phrase «tribunal struck out»

The tribunal struck out her claim as it had no reasonable prospect of success.

In its ruling on Thursday, the tribunal struck out the petition filed by the APC's candidate in Benue senatorial poll, Mr Daniel Onjeh.

Not exact matches

«He further urged the court of appeal to make an «order striking out or dismissing the election petition filed on 3rd May 2015 by Mr Dakuku Peterside Peterside and the APC as petitioners at the tribunal.

It also struck out an appeal filed by the APC on whether the tribunal was right to order a recount of used ballot papers outside the pre-hearing period, stating that the order was properly made, since the used ballot papers were produced as demanded by the petitioners.

While a stay or strike out of proceedings are draconian remedies, courts and tribunals are prepared to use them in order to protect the integrity of their processes and procedures.

The EAT held that strike out was proportionate in the circumstances, because the claimant had prevented the tribunal from having the best evidence available on which to base its findings of fact.

In any event the tribunal retains the power to strike out claims on the grounds, inter alia, that the case is scandalous or vexatious, or has no reasonable prospect of success.

Section 2 (3) gives a court the power to strike out a claim if it could be more «conveniently» dealt with in a tribunal.

The employment tribunal struck both of those elements of the claim out.

This point was then further considered by Slade J in Ashby where, although again a strike out was refused, she looked for a wider principle in these cases and purported to find it in the conflict of laws area of forum non conveniens, namely that an important factor in deciding whether to strike out under s 2 (3) is why the claimant did not bring tribunal proceedings in time; on such an approach, the reasonableness of the claimant's actions could be tested and if necessary the common law claim struck out even if that left the claimant with no remaining cause of action.

In addition, we now live in a climate where tribunals will not only strike out spurious and unreasonable claims but also make significant costs awards against claimants engaging in such vexatious activity.»

It has seemed in recent years that the Supreme Court of Canada has come out strongly in favour of deference to legal determinations by statutory tribunals concerning their home legislation, and so the Capilano decision struck me as an outlier.

In this case, the EAT considered whether an employment tribunal had been correct to strike out an...

It would only be in an exceptional case that an application to an employment tribunal will be struck out as having no reasonable prospect of success when the central facts are in dispute.

To determine if strike out was an appropriate response to the intimidatory conduct the tribunal considered the relevant authorities, most notably the case of Bolch v Chapman [2004] IRLR 140, [2003] All ER (D) 122 (Nov).

In September 2007 the tribunal adjourned the hearing of the case to consider whether they should strike out the response in whole or in part as they are permitted to do on the grounds that the manner in which proceedings have been conducted has been scandalous, unreasonable or vexatious, under r 18 (7)(c) of Sch 1 to the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004, SI 2004/1861 (the ET Rules of Procedure).

Finally the tribunal concluded that striking out the response was a proportionate response to the intimidation and ultimately determined that the respondent should be debarred from both the liability and remedies hearing.

The rules bring in an initial sift process, allowing the tribunal to strike out of its own initiative unmeritorious claims; the combination of the old two - speed CMD / PHR (case management discussion / pre-hearing review) in procedure into preliminary hearings; stronger timetabling powers for employment judges, allowing cross examination to be curtailed and changes to the costs regime.

The tribunal struck all of these out under Lawson v Serco.