MR JASPAN MUDEKUNYE v Wye Valley NHS Trust — 2024

The matter was listed for a preliminary hearing on 11 September 2024 after the final hearing had been postponed on 26 March 2024 because of the claimant’s non-compliance. The claimant did not attend the preliminary hearing, and the tribunal recorded that it had attempted to contact him without success. The respondent attended by solicitor and representative.

The tribunal found that the claimant had not actively pursued the claim and had submitted no evidence. It noted that on 6 March 2024 the claimant asked that the case not be struck out and said he was abroad, but he did not respond to directions requiring him to explain his non-compliance, provide evidence of his mother’s illness, or say when he intended to return to the UK. The tribunal also found that he had not engaged with the proceedings since November 2023 and had continued to extend the date on which he said he would return to the UK.

On those facts, the tribunal struck out the claim on the bases that the manner in which the proceedings had been conducted by or on behalf of the claimant had been scandalous, unreasonable or vexatious; that the claim had not been actively pursued; and that it was no longer possible to have a fair hearing because the claimant refused to engage with the respondent or the tribunal so that his application could be determined. The tribunal also noted that the claimant had not made any written submissions in response to the respondent’s application despite having notice of the hearing and the applications it would deal with.