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Reilly v Tayside Public Transport Company Ltd - Strike-out was step too far, too fast [2011] EAT

Only if a judge is satisfied that, even assuming that a claimant proves everything advanced in his claim, that claim still has no reasonable prospects of success, should he proceed to the draconian step of striking it out.

Bus driver Mr Reilly was dismissed when he had an accident involving his bus striking a bridge. He maintained that Tayside Public Transport followed unfair procedures, including not allowing him access to evidence it had gathered, and that dismissal was an unreasonable sanction given he believed he was not wholly to blame (not having been advised of a change of route), that Tayside had only considered the cost of the damage, and that he was treated inconsistently with other drivers who had accidents.  

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