- 14 Feb 2022
Yes. Under FTT (HESC) Rules 2008 r8 the FTT may strike out the whole or part of proceedings where (1) there has been a failure to comply with a direction that warned the applicant a failure to comply could lead to proceedings being struck out; (2) the applicant has failed to co-operate with the FTT such that the FTT cannot deal with proceedings fairly or justly; (3) there is no reasonable prospect of the applicant’s case succeeding.
“Striking-out is a draconian remedy of last resort, perhaps especially in an inquisitorial jurisdiction where the participation of both parties is most likely to contribute to achieving the “correct” outcome”: RBKC v MJ  UKUT 102 (AAC) #23. It may be preferable for orders to contemplate discretionary barring rather than automatic barring, thus retaining judicial discretion in relation to the consequences of a failure to comply.
See Camden v FG  UKUT 249 (AAC)#47-53 for an example of an LA being barred from proceedings where there had been failure to comply with Directions. The Court did not agree with the submission that there needed to be “wilful and repeated disobedience” for a barring order to be made.
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