Mr M Thapa v John Lewis plc: 2305867/2021
JUDGMENT
The claimant’s application to strike out the respondent’s Response under Rule 37 ET Rules is refused.REASONS
[1]The basis of the application to strike out appears to be that the respondent has failed to comply with case management orders relating to disclosure and exchange of witness statements, which has disrupted the claimant’s case preparation.[2]I note that the final hearing of this matter is not until August 2024. The claimant appears to recognise in his own application that “a fair trial of the claim is very much possible”. Whether a fair trial of the claim is still possible would be a significant factor in any determination of whether to strike out for failure to comply with ET Rules or any Orders.[3]Even if there has been a failure to comply with the Rules or any Orders I am satisfied that the parties can get this matter back on track before the hearing next August. I therefore do not grant the application.