Section 106

the proceedings before the court were commenced before the claim was filed with the Tribunal; or

the claim before the Tribunal is withdrawn, abandoned or struck out.

Where paragraph (1)(a) applies, the issues in dispute in the claim to which those proceedings relate, whether as shown in the initial claim or emerging in the course of the hearing, shall not be the subject of proceedings between the same parties before the Tribunal unless the claim before the court is withdrawn, abandoned or struck out.

For the purpose of this section, a claim shall be deemed to have been made with the Tribunal when section 108 has been complied with.

Persons entitled to file a claim