Miss A Houlihan v Bernie Guilder — 2021

On 15 January 2021 the tribunal held a case management preliminary hearing by telephone. The claimant did not attend. The tribunal then made case management orders requiring the claimant, if she wished to pursue the case, to write to the tribunal confirming that she was doing so and to explain her non-attendance. The case management summary warned that if she did not confirm she was pursuing the claim, it might be struck out on the basis that it was not being actively pursued.

No communication was received from the claimant by the 26 February 2021 deadline. The respondent wrote on 2 March 2021 seeking an Unless Order because of the non-compliance. The tribunal decided an Unless Order was not appropriate because the claimant had already been warned in the case management summary that failure to comply was likely to lead to strike out. Finding nothing to indicate that the claimant was continuing to pursue the case, the tribunal struck out the claim and cancelled the hearing listed for 21 May 2021.