Rolls Royce plc v Riddle [2008] IRLR 873
In an application to strike out a claim under rule 18(7)(d) of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004 (SI 2004/1861), cases of failure to actively pursue a claim will fall into one of two categories:
(i) where there has been “intentional and contumelious” default by the claimant (the question arises whether, given such conduct, it is just to allow the claimant to continue to have access to the tribunal for his claim); and
(ii) where there has been inordinate and inexcusable delay such as to give rise to a substantial risk that a fair trial would not be possible or there would be serious prejudice to the respondent (the question arises as to whether or not there can still be fair trial and if there is doubt about that whether the claim should then be prevented from going any further).
