Mr J Mudekunye v Wye Valley NHS Trust: 1304518/2023
JUDGMENT
The claim is struck out.REASONS
[1]The Tribunal listed the matter for a preliminary hearing on 11 September 2024, after the final hearing in the matter was postponed on the 26 March 2024 due to the claimant’s non-compliance.[2]The claimant did not attend the hearing, despite the Tribunal attempting to contact him he did not engage.[3]Further to this the claimant has failed to actively pursue his claim and submit any evidence in this matter. The claimant responded to the tribunal on 6 March 2024 requesting that his case not be struck out and he was abroad. However, he did not respond to the tribunal’s directions as to why he had been non-compliant, evidence of his mother’s illness and when he intends to return to the UK.[4]The claimant has failed to engage with proceedings since November 2023 and allowed the respondent to prepare for a DRA and final hearing continually extending when he would be returning to the UK.[5]The claimant provided no evidence as to his mother’s illness and why he failed to comply despite knowing the deadlines.[6]The claimant’s claim is struck out on the basis of the following:• the manner in which the proceedings have been conducted by or on behalf of the claimant has been scandalous, unreasonable or vexatious;• it has not been actively pursued.• it is no longer possible to have a fair hearing of the claim, because the claimant refuses to engage with the respondent on the Tribunal in order for his application to be determined.[7]The claimant has failed to make any submissions in writing with regards to the respondent’s application despite having notice of the preliminary hearing and what applications it would deal with.