Claimant v The Royal Marsden NHS Foundation Trust
Outcome
Facts
The claimant's claims against the NHS Trust had been struck out at a hearing on 13 January 2025 due to the claimant's conduct of the proceedings. The claimant then applied for reconsideration, submitting an enormous 182-page application in February 2025. The application alleged bias, procedural irregularity, ambush, misconduct by the respondent's representatives, and included some medical evidence relating to alcohol difficulties in 2023 and anti-depressant prescription in November 2024.
Decision
Employment Judge Snelson refused the reconsideration application on paper. The judge found no basis for allegations of bias or procedural irregularity, noting both parties had been on notice that the strike-out application would be heard on 13 January. The judge concluded there was no reasonable prospect the strike-out decision would be varied or revoked, and that the application essentially amounted to disagreement with the original decision rather than a proper basis for reconsideration.
Practical note
Reconsideration applications must identify a proper basis for revisiting a judgment beyond mere disagreement, and the principle of finality in litigation means tribunals will refuse applications that are disproportionate or amount to a second bite at the cherry.
Legal authorities cited
Statutes
Case details
- Case number
- 2204867/2022
- Decision date
- 22 January 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No