Author: Dennis Chapman
Published: September 13, 2013
Reading time: 2 minutes
This article is 8 years old.
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Under Rules 26-28, after the ET3 is received by the Tribunal a judge will review pleadings of both parties and analyse if there is a case to be heard.
The Judge will make case management directions based on this case analysis, this maybe a preliminary hearing, a full hearing, or judicial mediation.
Under Rules 27 and 28, If the Judge feels that a case has no reasonable prospect of success, or the response has no reasonable grounds to defend the case raised, the Judge will ask that party for further written submissions as to why the case should not be dismissed. Should these further submissions not be disclosed, or again fail to show a reasonable case/respondent, default judgement will be award to the other party.
If further submissions are made, then an oral hearing maybe arranged to hear the case in full.
This should help to limit unwarranted claims and make Claimants think twice about raising heat of the moment unfounded claims. Fees will not be refunded if a case is dismissed for holding no meritable grounds, which again should make Claimants think twice before making a claim.
This also shows the importance of the pleadings in ongoing cases. It is therefore key that the response is detailed, however concise. Judges will not want to read through waffling submissions as they will be under time pressure.