Mr P Dixon v Firstport Property Services Ltd and Others: 2206845/2022
JUDGMENT
The Claimant not having paid the deposits, the claims against the Second and Third Respondents are struck out. J S Burns JUDGMENT[1]The claims against the above Respondent are struck out.[2]The trial listed on 12, 13, 16 and 17 October 2023 is cancelled.REASONS
[1]On 24/3/23 I issued directions inter alia that by 5/5/23 the Claimant should provide disclosure by list and copies and thereafter co-operate with the Respondent to agree a trial bundle. The Claimant failed to provide disclosure by 5/5/23 or at all and subsequently did not co-operate regarding the bundle.[2]On the Respondent's application of 7 July 2023, I issued the following Unless Order dated 10 July 2023: ''Unless the Claimant by 5pm on Friday 21 July 2023 sends the Respondent an email, copying in the Tribunal under which he: a) confirms safe receipt of the Respondent's disclosure documents as sent to him via email on 24 May 2023; b) provides a list and copy documents simultaneously, in accordance with the CMOs – namely: that the Claimant sends all documents in his possession or control that he relies on in relation to any issue in the case, together with documents that support another party's case or which adversely affects their own or another party’s case, which includes any documents relevant to financial losses and injury to feelings; and c) confirms which of his disclosure documents he wishes to rely on in support of his claim, so that the Respondent can ensure that they are included in a proposed Tribunal Bundle,-- then his claim may be dismissed on further application by the Respondent.''[3]On 27/7/23 the Respondents solicitors wrote to the Tribunal again, (on notice to the Claimant) confirming that no such confirmations or copy documents as required under a) to c) above had been received by them from the Claimant by that date; and applying for the claims against the Respondent to be dismissed.[4]No response from the Claimant to the Unless Order or the Respondent’s applications has been received by me. On the evidence before me it appears that the Claimant is in breach of the directions and has failed to comply with the Unless Order.[5]It is appropriate to strike out the claims in the circumstances. J S Burns Case Numbers: 2206845/2022 & 2206846/2022 EMPLOYMENT TRIBUNALS Claimant: Mr P Dixon Respondent: First Port Property Services Limited London Central: in person on 30 January 2024 Before: Employment Judge Nicolle OPEN PRELIMINARY HEARING Representation: Claimant: in person but accompanied by supporting friend Mr Roberts Respondent: Mr A Ross of counsel. Judgement 1. The Respondent’s application for a costs order pursuant to Rule 76 (1) (a) of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013 (the Rules) in the total sum of £5250 succeeds in part. The Claimant is ordered to pay the Respondent £500.