Claimant v Interserve Group Ltd
Outcome
Individual claims
The claim was struck out under Rule 38(1)(b) and (e) because the manner in which the proceedings have been conducted has been scandalous, unreasonable or vexatious and because it is no longer possible to have a fair hearing. The claimant failed to attend the hearing.
Facts
The claimant W brought claims against seven respondents including Interserve Group Ltd, Tilbury Douglas Constructions Ltd, Cadman HR Ltd and four individuals. The claimant failed to attend the hearing listed for 10 and 12 December 2025. The tribunal decided to proceed in the claimant's absence under Rule 47.
Decision
The tribunal struck out the claim under Rule 38(1)(b) and (e) finding that the manner in which the proceedings had been conducted was scandalous, unreasonable or vexatious and that it was no longer possible to have a fair hearing. The claimant's non-attendance was a key factor in this decision.
Practical note
Persistent non-attendance and unreasonable conduct of proceedings can result in strike out even without the claimant having the opportunity to present their case.
Legal authorities cited
Statutes
Case details
- Case number
- 1301276/2022
- Decision date
- 15 December 2025
- Hearing type
- strike out
- Hearing days
- 2
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No