Claimant v HM Courts and Tribunals Service
Outcome
Individual claims
Struck out on 6 December 2025 pursuant to Rule 40(4) following non-payment of deposit orders that had been made against the claim.
Struck out on 6 December 2025 pursuant to Rule 40(4) following non-payment of deposit orders that had been made against the claim.
The claimant applied to amend the claim to add constructive unfair dismissal but this application was refused by the tribunal.
Facts
The claimant brought claims for unlawful deduction of wages and breach of contract against HMCTS. Deposit orders were made against both claims, presumably on the basis that they had little reasonable prospect of success. The claimant failed to pay the deposit orders by the deadline. The claimant attempted to withdraw the claims on 8 December 2025 and also applied to amend to add a constructive unfair dismissal claim.
Decision
The tribunal struck out both original claims on 6 December 2025 under Rule 40(4) due to non-payment of the deposit orders. The respondent's separate strike out application was dismissed as unnecessary. The claimant's application to amend to add constructive unfair dismissal was refused, and the attempted withdrawal on 8 December was ruled to have no effect as the claims had already been struck out.
Practical note
Failure to pay a deposit order by the deadline results in automatic strike out under Rule 40(4), and subsequent withdrawal attempts have no effect on claims already struck out.
Legal authorities cited
Case details
- Case number
- 6022489/2025
- Decision date
- 10 December 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No