Claimant v British Airways plc
Outcome
Facts
The respondent applied to strike out the claimant's case on grounds of unreasonable conduct, including inappropriate emails to the respondent's solicitors, contacting the respondent directly, refusal to engage with the respondent's solicitors, breaches of tribunal orders, and threatening to call 50 witnesses. The claimant was self-represented and had failed to agree a trial bundle. A seven-day full merits hearing was scheduled for May 2025.
Decision
The tribunal refused the strike-out application. While the judge found that the claimant had behaved unreasonably through inappropriate correspondence and breaches of orders, a fair trial remained possible if the claimant complied with new orders. The judge warned the claimant that any future non-compliance could result in strike-out and emphasised the need to cooperate appropriately with the respondent's solicitors.
Practical note
Strike-out remains a remedy of last resort even where a litigant in person has behaved unreasonably and breached orders, provided a fair trial is still possible and the claimant commits to future compliance.
Legal authorities cited
Statutes
Case details
- Case number
- 3305980/2023
- Decision date
- 28 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No