Claimant v Magellan Aerospace (UK) Ltd and others — 2023

The claimant, Mr M Gregory, did not attend the hearing and his absence was not excused or explained. The tribunal had been listed to consider, among other matters, an application to amend the claim, but any such application was dismissed because it was not pursued by the claimant.

The tribunal struck out the claimant's claims against all respondents. It found that he was in protracted and serial breach of multiple case management orders, had failed to pursue the claims actively, and had acted unreasonably in the conduct of the proceedings, including by failing to attend or notify the tribunal of his intended absence and by not responding to telephone and email correspondence before the hearing commenced substantively.

The tribunal also found that the claims required particularisation which had not been provided. On that basis it held that the claims, as currently made, had no reasonable prospect of success and that a fair hearing was not possible on the basis of the claims as presented. No remedy was awarded and the written record states that oral reasons had been given at the hearing, with no written reasons to follow unless requested.