Mr D Dickinson v Nuffield Health — 2023

The tribunal heard the respondent's application to strike out the claim. It refused strike out under Rule 37(1)(c), finding there was no clear evidence that the claimant had failed to comply with the relevant case management orders.

The tribunal found, however, that the claimant had disengaged from the tribunal process after 6 December 2022 and did not re-engage until he responded to the strike out warning on 9 August 2023. That disengagement meant outstanding issues about the hearing bundle were not resolved, witness statements were not exchanged, and the September 2023 final hearing could not proceed.

Applying the authorities on strike out for failure actively to pursue, the tribunal concluded that there had been intentional or contumelious default, or alternatively inordinate and inexcusable delay. It found that the resulting postponement until at least February 2025 created serious prejudice to the respondent and a substantial risk that a fair hearing would not be possible because of witness loss and deterioration in recollection. The claim was therefore struck out in its entirety on that procedural ground.