EAT Practice and Procedure : Striking-Out or Dismissal – ‘Unless order’. The ‘unless order’ required the Claimant, a litigant in person, to ‘provide disclosure of all relevant documents’ by a given date. The Claimant did not make a list of documents, but sent some documents to the Tribunal and was informed at the last moment by the Tribunal that they should be sent to the Respondent.
Held: the ‘unless order’ lacked the necessary quality of clarity and certainty to take effect as an order striking out the claim. It was unclear whether the order was intended to require the Claimant to provide a list of documents (the order applied for by the Respondent) or to provide copies of those documents, and if the latter to whom they were to be provided.
David Richardson HHJ
[2014] UKEAT 0491 – 13 – 2204
Bailii
England and Wales
Employment
Updated: 16 December 2021; Ref: scu.534229