Claimant v NSL Limited
Outcome
Facts
The claimant brought claims against NSL Ltd and Marston Holdings Ltd under two case numbers. The respondent persistently failed to comply with case management orders regarding disclosure and file preparation despite applications by the claimant on 18 August 2024 and 24 February 2025. The respondent did not respond to either application. The hearing was scheduled to commence on 18 March 2025.
Decision
The tribunal struck out the respondent's response under Rule 38(1)(c) for failure to comply with case management orders. The tribunal found that non-compliance with fundamental orders regarding disclosure and file preparation made a fair trial impossible and severely prejudiced the claimant. Under Rule 22, the respondent is now deemed liable for all claims brought by Mr Mahmood, with a remedy-only hearing to proceed.
Practical note
Persistent failure to comply with case management orders, particularly regarding disclosure and witness statements, can result in strike-out of a response and deemed liability under Rule 22.
Legal authorities cited
Case details
- Case number
- 2304975/2022
- Decision date
- 5 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- NSL Limited
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No