Miss C Baldwin v Barnsley Hospital BHFT: 1804874/2022
JUDGMENT
The claim is struck out.REASONS
[1]On 20 November 2022 EJ Deeley made case management orders in this claim and listed it for a hearing in June 2023.[2]On 18 January 2023 the Respondent wrote to the Tribunal to apply for an unless order on the basis that the Claimant had not complied with those orders. The Claimant had provided some information on 4 December 2022, but the Respondent pointed out that this did not comply with all of EJ Deeley’s orders. The Respondent sent a further letter on 1 February 2023.[3]On 16 February 2023 EJ Rogerson required the Claimant to provide a response to the Respondent’s two letters by 23 February 2023.[4]On 6 March 2023 the Respondent wrote to the Tribunal to say that the Claimant had told them in an email on 7 February 2023 that she would provide the further information by 10 February 2023 but had not done so. The Respondent applied for the claim to be struck out because the Claimant had not complied with orders 7, 10, 12 and 15 of EJ Deeley’s case management order, had not actively pursued the claim and had conducted the proceedings unreasonably.[5]On 15 March 2023 EJ Rogerson required the Claimant’s urgent comments on that application. No response was received.[6]On 5 April 2023 the Tribunal therefore wrote to the Claimant giving her an opportunity to explain why the claim should not be struck out on that basis or to request a hearing. A reply was required by 14 April 2023. The Claimant has not responded at all.[7]It appears that the claim has not been actively pursued and it is consistent with the overriding objective to strike it out for that reason.[8]The hearing fixed for 5 June 2023 to 16 June 2023 will not take place.