Claimant v Do & Co Event & Airline Catering Limited

Outcome

Facts

This was a preliminary hearing concerning the Respondent's application to strike out multiple claims (originally 16, reduced to 5) for non-compliance with tribunal orders. The Respondent sought strike out for late provision of updated schedules of loss (14 days late), failure to withdraw duplicate claims, and lack of qualifying employment. The claims were part of large-scale litigation where liability had already been established and only remedy remained to be determined. The claimant's solicitor, Mr Wood, had a history of failing to comply with case management orders in a timely manner.

Decision

The tribunal refused the strike out application in all cases. For the late schedules, the 14-day delay would have no impact on remedy hearings that were months away and strike out would be wholly disproportionate given liability was already established. For duplicate claims, there was no duplicate for Reeta Dhaul; one duplicate (Somal) had been withdrawn; and for the two Ranjit Singh cases, the tribunal allowed an amendment to substitute correct details rather than strike out, as both men were genuine claimants represented by the same solicitor and the respondent had proceeded on the basis of two claims. The tribunal also refused the respondent's costs application.

Practical note

Legal authorities cited