Claimant v Secretary of State for Justice
Outcome
Facts
This is a procedural judgment dealing with the claimant's application to postpone a 14-day full merits hearing scheduled for January 2025, and the respondent's application for an unless order or strike out. The claimant, representing himself, failed to serve a witness statement by the case management deadline of 13 September 2024 or subsequently. The claimant cited psychological health issues (PTSD) and claimed he could not prepare. The case had been listed for almost two years and involved three consolidated claims concerning events from 2019-2022.
Decision
The tribunal refused the claimant's postponement application, finding no exceptional circumstances. It also declined to strike out the claims, instead ordering the claimant to disclose his partial 15-page witness statement and allowing the hearing to proceed with the claimant verifying his claim forms and further particulars as evidence. The tribunal concluded that postponement would risk an unfair trial due to further delay (relisting not possible until 2027), while a strike out would be too harsh given alternatives existed.
Practical note
Tribunals will balance procedural fairness against the overriding objective and may allow unrepresented claimants to proceed using claim forms as witness evidence rather than postponing or striking out, especially where significant delay has already occurred and further postponement would be prejudicial to justice.
Legal authorities cited
Case details
- Case number
- 3305321/2020
- Decision date
- 29 April 2025
- Hearing type
- full merits
- Hearing days
- 9
- Classification
- contested
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No