Miss E Cartwright v Hillbrae Rescue Kennels and 2 others — 2024

The preliminary hearing on 29 July 2024 concerned whether the respondents' response to Miss E Cartwright's claim should be struck out for non-compliance with tribunal orders and failure to actively pursue the case. The tribunal reviewed the procedural history, including repeated applications for extensions and strike out, late disclosure issues, and unanswered tribunal correspondence, and considered rule 37 together with the authorities in James v Blockbuster Entertainment Ltd, Abertawe Bro Morgannwg University Health Board v Ferguson, and De Keyser Ltd v Wilson.

Employment Judge Maxwell accepted that the conduct of the respondents' representative had been lamentable and that the lack of replies to tribunal correspondence was unreasonable within rule 76(1)(a). However, the judge was not satisfied that the default was deliberate or contumelious, and concluded that a fair trial remained possible. The tribunal therefore refused to strike out the response and instead adopted a lesser and more proportionate course.

The order made at the hearing was to relist the matter for an early date and to make an unless order requiring the remaining steps needed to prepare the case for final hearing. The judge also made a preparation time order in the claimant's favour because of the additional time spent preparing the case and attending the hearing caused by the respondents' repeated failures to comply and respond; the number of hours was to be determined by a judge if not agreed between the parties.