Claimant v Sandwell and West Birmingham Hospitals NHS Trust
Outcome
Individual claims
Complaint 13 on the list of issues alleged that Mr Bellis instructed Ms Dhillon to send a letter to potential witnesses on 18 November 2022. The tribunal found this claim had no reasonable prospect of success and struck it out at the preliminary hearing.
Facts
The claimant X brought claims against Sandwell and West Birmingham Hospitals NHS Trust and 12 individual respondents. The respondent applied to strike out certain claims on the grounds of no reasonable prospect of success and non-compliance with tribunal orders. The hearing was a preliminary hearing lasting two days.
Decision
The tribunal struck out one specific complaint (number 13 on the list of issues) relating to Mr Bellis instructing Ms Dhillon to send a letter to witnesses on 18 November 2022, finding it had no reasonable prospect of success. However, the tribunal refused the respondent's application to strike out the remaining claims.
Practical note
A respondent's strike-out application at a preliminary hearing may succeed on some individual complaints while failing on others, particularly where specific allegations lack reasonable prospects while the broader claims remain viable.
Case details
- Case number
- 1301470/2023
- Decision date
- 11 February 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No