Can my claim be struck out before a final hearing?
Yes – the tribunal or the respondent can apply to strike out your claim before the final hearing. This often happens at a Public Preliminary hearing, where they say your claim "has no reasonable prospect of success" or breaches tribunal rules. Tribunals are careful with claims brought by litigants in person, but they can act early if necessary.
The tribunal cannot strike a claim out at a Case Management Preliminary Hearing, so make sure you know what sort of hearing you are attending. See my FAQ on Case Management Hearings.
Notice of Preliminary Hearing
You should receive a strike out application in writing and be given the chance to respond at the preliminary hearing. Tribunals rarely just proceed without notifying you.
Judge's Assessment
Tribunals treat applications against unrepresented claimants cautiously. They must fully understand your case, and assess it at its strongest.
Where this sits in a claim
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