Tribunals are loath to strike out claims without having heard the evidence unless the claim is obviously misconceived (with undisputed facts) or there have been persistent and flagrant breaches of Tribunal orders.
Therefore in the overall majority of cases applying for a strike out is a waste of breath, costs and Tribunal resources. In this case a party was warned by the Tribunal that if they went ahead with an application to strike out the claimant’s claim and the application was misconceived, then they could be liable for costs incurred by the other side.
Lo, it came to pass. Application for a strike out made, not granted, costs order made for costs of the other side’s Counsel and Solicitors. The irony is that by applying to have the claim struck out has cost the Respondent a sum that could have been better spent defending the claim on its merits.