The London Fire Commissioner

Case Summary

Employment Judge Ramsden refused the Claimant's application to strike-out the Respondent's Response on the grounds of a fair hearing being impossible, unreasonable conduct by the Respondent, and non-compliance with EJ Burge’s Orders.

The Employment Judge refused the claimant's strike-out application, finding that despite the respondent's alleged non-compliance with previous orders and unreasonable conduct, a fair hearing was still possible and strike-out was not the appropriate remedy.

• •That it is no longer possible to have a fair hearing in respect of the claim (Rule 38(1)(e))
• •That the manner in which the Respondent has conducted the proceedings has been scandalous or unreasonable (Rule 38(1)(b))
• •That the Respondent has failed to comply with EJ Burge’s Orders to agree a bundle, produce a bundle and exchange witness statements, and that failure (Rule 38(1)(c))

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