Opara v Partnerships in Care Ltd - Review of strike out should have been at a full hearing [2010] EAT

Review of strike-out under unless order, under Rule 36, should normally be by way of a full tribunal hearing.

Mr Opara (both a qualified Psychiatric Nurse and a qualified solicitor) claimed - and succeeded in establishing at an employment tribunal - unfair dismissal from Bedford Lodge Psychiatric Hospital. However, at a remedies hearing, an order was made striking out his claim unless he provided certain bank statements by a specified date. These were vital to key questions of exactly what his income was from his subsequent new employment, and how well he had mitigated his losses. Most of the statements were provided, but some were a day late. His claim was, accordingly, struck out.

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