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Forms of disposal
Forms of disposal
12.1Proceedings before a tribunal may be concluded by an act of the party who initiated them, by the joint act of all the parties, by an act of the tribunal or by operation of law.
Unilaterally
12.2The party who initiated the proceedings may withdraw them. In some circumstances, this may require the consent of the other parties or of the tribunal.
By agreement
12.3The parties may compromise the proceedings by agreeing on the outcome. This may lead the party who initiated the proceedings to withdraw them. Or it may lead to the parties inviting the tribunal to make a decision by consent. That decision might be to dismiss the appeal.
By the tribunal
12.4The tribunal may conclude the proceedings by striking them out or by deciding them. Proceedings may be struck out on three grounds: (a) lack of jurisdiction; (b) failure to comply with procedural requirements; and (c) lack of merit. Proceedings are decided on the merits of the case.
By operation of law
12.5The proceedings may lapse if the subject matter ceases to exist.
12.6The legislation may also use other concepts, such as abandonment used in immigration.1Shirazi v Secretary of State for the Home Department [2004] 2 All ER 602.
 
1     Shirazi v Secretary of State for the Home Department [2004] 2 All ER 602. »
Forms of disposal
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