Claimant v Polypipe Limited
Outcome
Facts
This is a reconsideration application following a strike-out judgment dated 17 February 2025. The claimant's case had been struck out for failure to comply with an unless order requiring him to send his witness statement to both the Tribunal and the respondent. The claimant argued he was blocked from emailing the respondent's solicitor, but the evidence showed he had simply mistyped the email address.
Decision
The reconsideration application was refused under Rule 70(2) as having no reasonable prospect of success. The claimant's explanation that he could not email the respondent's representative failed because he had mistyped the email address, and in any event, the unless order required him to send the witness statement to the Tribunal as well, which he did not do.
Practical note
A claimant seeking reconsideration of a strike-out for breach of an unless order must demonstrate compelling reasons why compliance was impossible, not merely difficult due to their own error.
Legal authorities cited
Statutes
Case details
- Case number
- 6001121/2024
- Decision date
- 13 March 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Polypipe Limited
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No