Claimant v Vantage Motor Group Limited
Outcome
Individual claims
The tribunal determined that the respondent's defence to the harassment complaint could not be said to have no reasonable prospect of success. Therefore, the respondent's response was not struck out and the claim will proceed to a full hearing.
Facts
Mr Simpson brought a claim of harassment against Vantage Motor Group Limited. The respondent sought to have the claim struck out on the basis that their response had no reasonable prospect of success. The preliminary hearing was held by video link with the claimant representing himself and the respondent represented by counsel.
Decision
The tribunal concluded that the respondent's defence to the harassment complaint could not be said to have no reasonable prospect of success. The application to strike out the response under Rule 37(1)(a) was therefore refused and the claim will proceed.
Practical note
A preliminary hearing application to strike out a respondent's defence will only succeed if the defence has no reasonable prospect of success - the threshold is high and this was not met in this case.
Case details
- Case number
- 6008075/2024
- Decision date
- 20 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No