Ruling of the Tribunal in relation to: (i) the pursuer's application for permission to appeal the Tribunal's judgment ([2025] CAT 61) regarding strike out; (ii) the pursuer's application under Rule 114(3) of the Tribunal Rules seeking a corrections of an error; and (iii) the defender's application for their expenses in the case, as taxed by the Auditor of the Court of Session.
The Tribunal refused the pursuer’s applications for permission to appeal and for correction under Rule 114, finding no error of law or accidental omission in its judgment on strike out. The Tribunal concluded that the pursuer’s case had been pled solely on the basis of seeking in‑court representation and that the pursuer's later attempt to recast it as a request for advice had not formed part of the issues before the Tribunal.
The Tribunal ordered the pursuer to pay the defender’s expenses, excluding those incurred in the pursuer's challenge to the panel’s constitution.
