Mr A Soyege Respondent Solicitors Regulation Authority Ltd v Respondent — 2024

At the preliminary hearing on 18 October 2024, Employment Judge Wright considered strike-out issues in the consolidated claims under case numbers 1307884/2022, 1308608/2022 and 1300342/2024. The judge understood the 2024 claim to repeat the earlier claims and to concern the continuing restrictions on the claimant's practising certificate. He found there had been no material change in circumstances because the claimant had not practised since the original restrictions were imposed.

The tribunal held that the underlying matters had already been tried and judged in the earlier litigation, including the reserved judgment dated 12 June 2023. It found that res judicata, issue estoppel and Henderson v Henderson prevented the claimant from re-litigating the same issues, including the original investigation, what claims had been issued, and what documents had been before the earlier tribunal. The judge said there was no new factual matrix and that the claimant could not clarify a fresh basis for claims of race, disability or age discrimination, or for victimisation and harassment.

On that basis, the tribunal struck out all three claims under Rule 37(1)(a) because they had no reasonable prospect of success. It did not go on to decide whether the proceedings had been conducted in a scandalous, unreasonable or vexatious manner, because that was unnecessary once strike-out was ordered. The judge also recorded that the claimant had been given opportunities to clarify the claims, but that they were not in a form the respondent could sensibly be expected to answer.