Claimant v HM Revenue & Customs
Outcome
Individual claims
The claim was struck out as vexatious and having no reasonable prospect of success because it was a duplication of a claim brought by the claimant in 2016 that had been struck out by Employment Judge Monk in September 2017. The principle of cause of action estoppel prevents the same matter being litigated twice.
Facts
The claimant filed a race discrimination claim against HMRC in December 2024. The respondent applied to strike out the claim on the basis that it was a duplication of a claim the claimant had previously brought in December 2016, which had been struck out by Employment Judge Monk in September 2017 and for which an appeal was dismissed in February 2018. Employment Judge Connolly proposed striking out the claim as vexatious and having no reasonable prospect of success. The claimant was given until 5 July 2025 to object but did not request a hearing.
Decision
Employment Judge Faulkner struck out the claim on the papers, finding it was clearly vexatious and had no reasonable prospect of success because it sought to re-litigate precisely the same matters that had been struck out in 2017. The principle of cause of action estoppel prevented the same matter being litigated twice, and the overriding objective supported strike out as proportionate.
Practical note
A claimant cannot circumvent a previous strike-out by filing a fresh claim on identical facts and issues - cause of action estoppel will bar the claim as vexatious.
Legal authorities cited
Case details
- Case number
- 1303074/2024
- Decision date
- 8 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- central government
- Represented
- Yes
Claimant representation
- Represented
- No