Claimant v T Gilmarten Limited

Outcome

Facts

The respondent applied to strike out the claimant's claim on grounds that it was vexatious, had no reasonable prospect of success, and the claimant had failed to comply with tribunal orders. The claimant had failed to complete the list of issues, file a schedule of loss on time, provided disclosure five months late, and filed his witness statement late. The claimant did not respond to the strike-out application. The tribunal considered the application on the papers.

Decision

The tribunal refused the respondent's strike-out application. While the claimant's behaviour was concerning, the judge concluded it was still possible to have a fair trial. The claimant had eventually made disclosure and filed a witness statement, and whether his evidence was sufficient would be determined at the final hearing.

Practical note

Legal authorities cited