What happens when claimant becomes too ill?

[Matty2001]

My brother has a claim going to tribunal. He has a pre-hearing in january but has to reply to the respondents solicitor in six weeks regarding an issue they raised.

The problem is, he has become ill and is now in hospital. He's not due out for at least three weeks and wont be in any condition to read the documents from the respondent let alone reply to them before the deadline. It's also doubtful he would be in any fit state to attend the pre-hearing.

Is there a process to follow when illness occurs?

[Matty2001]

Is there a process to follow when someone becomes too ill to continue with a claim themselves?

[ULA]

Response to post #1

Has your brother contacted the respondent to say that he is too ill, due to being in hospital, to meet the 6 week deadline for a response?
Is this deadline a respondent imposed one or has it been set out in case management orders? As an application may need to be made to the Tribunal to extend the deadline.

In terms of the hearing, then if your brother is not going to be fit enough to attend he will have to make an application for an adjournment. The application would need to set out:

1. The specific reason for the postponement.
2. Explain why as the claimant he believes it is in accordance with the over riding objective for the Tribunal to grant the postponement.
3. Confirm if this has already been discussed with the respondent. If not then, as always with any correspondence to the Tribunal they should be copied in and be given the opportunity to provide any objection/s to the application as soon as possible.
4. Provide supporting documentation which is this case will need to be a medical report from the doctor treating your brother.
5. There also needs to be an indication of when he may be fit to attend a hearing.

Response to post #2

Rule 37(1) linked to below, sets out five grounds that may justify a strike out of the claim at (a) to (e).

https://www.legislation.gov.uk/uksi/...1/paragraph/37

In the situation of your brother being too ill to pursue the claim then potentially points (d) and (e) would be relevant and the claim could be struck out.

[Matty2001]

He doesn't want to give up on the case because there's a very good chance it will go in his favour. Is it true that if a claimant died, then someone else could carry on with the case in his place, or the court could appoint someone to carry on with the case? If that's true then why doesn't it apply to someone who cant carry on due to illness?

[Retromau5]

Hello, sorry to read that your brother is experiencing ill health, and I hope that his situation improves through his recovery. I think he need to consider appointing someone to represent him for his claim as trying to manage it on his own could be extremely stressful at a time when he needs to be thinking of his health and wellbeing. It doesn't have to be a solicitor, a family member could do it on his behalf with guidance from the people who help on this forum. He wouldn't need to attend any court appearances then, just be available to answer questions the representative would have to progress the claim.

[ULA]

If your brother cannot carry on with the claim himself because he is too ill and if he does not want to appoint a solicitor then he will need to appoint what is called a personal representative. If he does decide to appoint a solicitor then they would "put themselves on the record" with the Tribunal and the respondent as being your brother's representative. If he decided on appointing a personal representative then this would need to be notified to the Tribunal and the respondent, giving the reasons why.

In either case reasonable adjustments would need to be asked for and agreed by the Tribunal in respect of how your brother would give his witness evidence and what the process will be for the respondent to cross-examine him if he was not fit enough to attend any hearings.