Ms S Lopez-Perez v The Scottish Ministers — 2023

This was a preliminary hearing on the respondent's applications to strike out the claim under Rule 37 or, failing that, for a deposit order under Rule 39. The claims being pursued were direct discrimination on grounds of sex and disability under section 13 Equality Act 2010. The judgment records that pregnancy and maternity claims had previously been withdrawn and dismissed under Rule 52.

The Tribunal found that, although the claimant's pleadings were limited and not always focused on the legal issues, there was just sufficient material which could, if established in evidence, lead to a finding in her favour. The Tribunal considered that issues about comparators, disability knowledge, causation, and whether there was conduct extending over a period were fact-sensitive and should be addressed after evidence rather than by striking out the claims at this stage.

The Tribunal refused the strike out application, holding that the case was not one of the exceptional cases where strike out of discrimination claims was appropriate. It also refused the deposit order application, concluding that the claims could not be said at this stage to have little reasonable prospects of success and that a deposit order would not accord with the overriding objective. No view was expressed on whether the claims would ultimately succeed or fail.