Claimant v Community Spaces Northampton
Outcome
Individual claims
The claim was struck out under Rule 47 for the claimant's failure to attend the hearing and failure to engage with the proceedings. The tribunal found the claimant had not actively pursued her claim for nearly a year and inferred from her non-attendance that she recognised the claim did not have good prospects of success.
Facts
The claimant filed a claim in June 2024 but failed to engage with the proceedings thereafter. She did not respond to the respondent's application to amend their response, did not acknowledge receipt of the hearing bundle, and failed to attend the preliminary hearing scheduled for June 2025. The judge attempted to contact her by phone and email on the morning of the hearing but received no response.
Decision
The tribunal dismissed the claim under Rule 47 for non-attendance. The judge was satisfied the claimant had notice of the hearing but had shown no interest in pursuing her claim for nearly a year. The tribunal inferred from her failure to attend or engage that she recognised the claim had poor prospects, and determined dismissal was proportionate rather than proceeding in her absence or postponing.
Practical note
Tribunals will strike out claims for non-pursuit where claimants fail to attend hearings without explanation and show a pattern of disengagement, particularly where the hearing concerned potential strike-out or deposit orders.
Legal authorities cited
Statutes
Case details
- Case number
- 3306080/2024
- Decision date
- 6 June 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No