Miss R Marriott v Kerbedge Restaurants Ltd and VOIP Communications International Ltd (England and Wales : Breach of Contract) -[2019] UKET 2501714/2018- (11 February 2019)

BAILII

Automated Summary

Key Facts

The claim was struck out on 11 February 2019 because the claimant, Miss R Marriott, failed to attend a hearing and did not comply with the case management order sent on 28 September 2018. The claim was not actively pursued, and the claimant made no sufficient representations to oppose the strike-out. The respondents were Kerbedge Restaurants Ltd and VOIP Communications International Ltd.

Issues

The claim was struck out under rule 37 as the claimant failed to attend the hearing and did not comply with the case management order dated 28 September 2018. This decision was made because the claimant did not make sufficient representations or request a hearing to justify keeping the claim active.

Holdings

The claim is struck out because the claimant failed to comply with the case management order sent on 28 September 2018 and did not make sufficient representations or request a hearing.

Remedies

The claim is struck out as the claimant failed to comply with the case management order and did not make sufficient representations.

Legal Principles

The claim was struck out under Rule 37 of the Employment Tribunals' procedures due to the claimant's failure to comply with a case management order and to attend the hearing. This demonstrates the application of procedural rules governing the dismissal of claims for non-compliance.

Cited Statute

Employment Tribunals Rules 2013

Judge Name

Shepherd

Passage Text

  • The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The claim is therefore struck out.
  • The claim is struck out.