Mr D Martin v Abellio London Ltd: 2302650/2017
JUDGMENT
The claim is struck out.REASONS
[1]The respondent's application that the claimant's claim be struck out under Rule 37(d) that it has not been actively pursued succeeds.[2]Further to EJ Baron's Order sent to the parties on 17/11/2018, the history appears to be: 6/5/2016 ET1 presented, minus the grounds of complaint. EJ Baron's Order sets out the 'history of the claim'. 29/9/2017 the ET requested the grounds of complaint. 24/10/2017 the respondent requested the same. 1/11/2017 and 28/11/2017 the ET repeated its request. 18/4/2018 as the claimant's representative had contacted the ET and had indicated he had been informed the case was no longer proceeding, the ET requested a copy of that correspondence. 6/7/2018 the ET asked the claimant's representative to notify it of the current position of the claim. 14/9/2018 the claimant instructed new solicitors who went onto the record. 6.2 Strike out Judgment – claim - rule 37 Case No:2302650/2017 9/11/2018 a preliminary hearing took place. The claimant was ordered to present the grounds of complaint by 30/11/2018. 7/1/2019 the original grounds of complaint dated 6/5/2016 were provided. 20/5/2019 the ET asked the respondent for comments and the respondent relied on 24/5/2019.[3]Having originally requested a copy of the grounds of complaint on 24/10/2017 and then on numerous occasions since then, having Ordered the claimant to provide a copy (when represented by a solicitor at a preliminary hearing) by 30/11/2018, then only providing that document on 7/1/2019 without any further explanation and not then making any further enquiry as to the status of the claim (bearing in mind it was first presented on 6/5/2016), the Tribunal is satisfied the claim has not been actively pursued and it is struck out as a result.