The case of Clifton v Lloyds TSB PLC reported at the EAT is another reminder, if one were needed, that strike outs for a claim having no reasonable prospects will be extremely rare, particularly where the central facts are in dispute.

If the facts are in dispute then a full Tribunal will need to hear all the evidence and have it tested to make findings of fact before the law can be applied.

A PHR does not hear all the evidence so cannot make the determination of prospects.

Where the facts are not in dispute then a PHR can apply the law to the admitted facts to arrive at a conclusion on prospects.