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Inadmissible

Inadmissibility is a judicial ruling whereby a claim, request or appeal is not considered on the merits owing to the absence of procedural requirements.

A party shall be declared inadmissible where the court finds that the requisite conditions for admissibility have not been met. This may result, for instance, from the expiry of statutory time limits, the absence of a legal interest in the proceedings, or failure to comply with formal requirements such as a valid power of attorney or summons.

Such a ruling entails that the case will not proceed further and that no decision on the merits will be given. This mechanism ensures that only matters satisfying the formal requirements advance to a substantive hearing.

In practice, declarations of inadmissibility are regularly made in civil, administrative and criminal proceedings, the court reminding the parties that procedural rules must be observed strictly.

“The court declared the claimant inadmissible because the time limit for appeal had expired.”

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