Mr N Wheelan v South Central Ambulance Service NHS Foundation Trust — 2025

The tribunal struck out the claim because the claimant did not comply with case management orders and did not actively and appropriately pursue the case. A consent order dated 2 September 2024 required further information to be provided by 28 October 2024 for a hearing listed on 15 and 16 January 2025, but that information was not provided.

After the respondent applied for an unless order, the tribunal gave the claimant an opportunity to explain why the claim should not be struck out. The claimant said that his mental health had deteriorated and invited the tribunal to contact a mental health practitioner, but the tribunal said it would not contact a third party on his behalf and indicated that any postponement application should be supported by evidence. No such application or evidence was provided.

The tribunal considered the background significant. At an earlier preliminary hearing, Judge Cadney had found the basis of the claim difficult to understand and had ordered further information. Although substantial submissions and documents were later provided, the tribunal found that the issues remained unclear, that the claimant had repeatedly failed to comply with tribunal orders, and that strike out was an appropriate and proportionate response. The January 2025 hearing was vacated.