Claimant v Boys and Maughan Solicitors
Outcome
Facts
The claimant had been subject to an unless order requiring him to provide a witness statement by 21 May 2021. On that date, he applied to set aside or vary the unless order. A preliminary hearing on 9 March 2022 considered whether to vary or set aside the unless order and whether to grant relief from sanction. The claimant applied for reconsideration on 5 April 2022, arguing the tribunal should have applied Rule 29 rather than Rule 38/70.
Decision
The tribunal refused the reconsideration application under Rule 72(1), finding no reasonable prospect of the original decision being varied or revoked. The judge held that applying Enamejewa, the correct approach was Rule 38, but in any event it was immaterial as the test was effectively the same. The application was an impermissible attempt to re-litigate matters already determined.
Practical note
Reconsideration applications cannot be used to reargue procedural points on different legal grounds where the substantive test applied was effectively identical, and finality in litigation must be respected.
Legal authorities cited
Statutes
Case details
- Case number
- 2303980/2019
- Decision date
- 9 June 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- legal services
- Represented
- No
Claimant representation
- Represented
- No