via telephone conference call on September 2020 Mr J Bbosa v Falkirk Council and 1 other — 2020

This was a preliminary hearing concerning procedural applications. The Tribunal made no findings of fact beyond the background narrative. The Respondents' amended grounds of resistance were allowed because, taking account of all the circumstances including the pandemic and the overriding objective, the amendment gave greater detail and clarification of the Respondents' position and caused no substantive prejudice where no imminent merits hearing was listed.

The Claimant's application to strike out the Respondents' responses was refused. The Tribunal was not satisfied that the Respondents' delay in responding to the Claimant's information requests amounted to intentional or inordinate and inexcusable delay, particularly where a preliminary hearing had already been scheduled to consider whether orders for further information and documents should be made. The Tribunal also did not accept that there was a substantial risk that a fair trial would not be possible.

The Claimant's applications for orders requiring information or disclosure were dismissed at that stage. The Tribunal was not satisfied that requiring the Respondents to respond to the Claimant's information requests of 21 July 2020 and 6 August 2020 was reasonably required for the proper conduct of the litigation, and separate case management directions were issued for further procedure.