Mr D Heath v NHS England — 2025

The judgment concerned the Respondent's application to strike out the entirety of the Claimant's claim, or alternatively parts of it, on grounds including scandalous, unreasonable or vexatious conduct, non-compliance with Tribunal orders, and the contention that a fair hearing was no longer possible.

The Tribunal found that the Claimant's conduct of the litigation had been unreasonable and scandalous within the authorities cited. It referred in particular to his refusal to engage with the Respondent's draft list of issues despite Tribunal orders, the expanded and unfocused lists of issues, and the tone and content of correspondence with the Respondent, its advisers and the Tribunal. The Tribunal did not find that the Claimant was conducting the claim vexatiously.

The Tribunal concluded that, on balance, a fair hearing remained possible within the existing listing if the case proceeded on the Respondent's list of issues, limited to the five protected disclosures identified there, with some additional incidents added as a reasonable adjustments claim and whistleblowing detriments. The strike-out application was therefore dismissed, with a warning that continued unreasonable and scandalous conduct could have costs consequences or lead to later strike out.