CHAPTER 12

CHAPTER 12

chapter 12

Disposal

12.1Forms of disposal

12.2Unilaterally

12.3By agreement

12.4By the tribunal

12.5By operation of law

12.7Lapse

12.14Striking out and barring

12.20Rationale

12.23Under TCEA

12.25General principles

12.32Grounds for striking out and barring

Lack of jurisdiction • Likely outcome • Conduct in the proceedings

12.47The nature and effect of barring

12.49Overall view

12.50Reinstatement

12.52Tactics

12.53Withdrawal

12.53The nature of withdrawal

12.56Under TCEA

12.57Withdrawal by applicants and appellants

12.58Withdrawal as of right

12.59Withdrawal with consent

12.65When may a withdrawal be made

12.67The effect of withdrawal on the issues

12.74The reinstatement process

12.76Withdrawal by respondents

12.78Withdrawal of a referral

If there was a duty to refer • If there was no duty to refer

12.84Costs

12.86Compromise

12.87The categories of compromise

12.92Cases in which it is not permissible to compromise

12.105Cases in which compromise is a factor taken into account by the tribunal

12.107Cases in which compromise is permissible

12.109Confidentiality