Strike Out vs Preliminary Determination: Differentiating Tribunal Procedures
In this practice note on Mesuria v Eurofins Forensic Services Ltd [2025] EAT 103, the EAT examined the procedural distinction between striking out a claim on time-limit grounds and determining limitation as a preliminary issue. Under Rule 37 a tribunal may strike out a claim with no reasonable prospect of success (for example, one clearly out of time with no just and equitable extension possible); this is a filtering device that does not weigh competing evidence. Under Rule 53 the tribunal instead makes a binding jurisdictional determination after hearing evidence and making findings of fact, which cannot be revisited at the final hearing. In Mesuria the tribunal failed to make clear which route it was taking, and the EAT held this ambiguity was unfair, particularly as the claimant was unrepresented; tribunals should state whether they are applying Rule 37 or Rule 53, the test to be applied, and whether evidence will be heard.
Read the full case note on 42BR →
Key authorities
- Mesuria v Eurofins Forensic Services Ltd [2025] EAT 103
- Barclays Bank Plc v Kapur [1991] 2 AC 355
- Abertawe Bro Morgannwg University LHB v Morgan [2018] EWCA Civ 640
- Caterham School v Rose UKEAT/0149/19/RN
Where this sits in a claim
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