Claimant v Royal Borough of Greenwich — 2023

The tribunal considered the Respondent's application to strike out the claim on the ground that it was no longer possible to have a fair hearing. The claim had been presented in December 2018 and concerned events between March and July 2018, with significant factual disputes including an incident on 25 July 2018.

The tribunal noted that three final hearings had been postponed, primarily because of the Claimant's ill health and hospitalisation, and that there was no clear medical prognosis showing when the Claimant would be able to participate in a hearing. The tribunal also took into account the passage of time, the likely need for further case management because the issues had not been finalised, the impact of the proceedings on the Respondent's witnesses, and proportionality in light of the stated claim value of £11,234 and the costs to the Respondent.

The tribunal concluded that, particularly because of the amount of time that had elapsed and the risk of further delay, a fair trial was no longer possible. The claim was therefore struck out under Rule 37(1)(e), with the tribunal stating that this involved no criticism of the Claimant or his father.