Claimant v Barchester Healthcare Limited

Outcome

Facts

This was a preliminary hearing concerning the claimant's application to strike out the respondent's defence for breach of a tribunal order. The respondent had been ordered to provide documents two weeks before the hearing (by 12 January 2021) but sent them on 15 January, four days late. The claimant's solicitor had withdrawn on 18 January, leaving the claimant represented by his wife. The claimant applied to strike out the respondent's response for non-compliance with the order.

Decision

The tribunal refused the strike-out application, finding it wholly disproportionate. The default was minor (only four days late), the majority of documents had already been seen by the claimant, and there was no real prejudice as the full hearing was postponed and would be relisted months later, giving the claimant ample time to consider the documents.

Practical note

Legal authorities cited