Claimant v Costain Group Plc

Outcome

Facts

The claimant filed a claim on 25 October 2023. The respondent did not file a response, and a Rule 21 default judgment was issued on 18 March 2024. The respondent's solicitors applied for reconsideration on 8 April 2024, stating they had not received the claim form or notice and only became aware of the claim upon receiving the judgment. The claimant opposed the application, arguing the respondent's delay was intentional and their statements misleading.

Decision

Employment Judge Evans revoked the Rule 21 judgment and accepted the respondent's late response. The judge concluded that the respondent likely either did not receive the claim form or made an administrative error, noting it was highly unlikely the respondent would have ignored the claim deliberately. The prejudice to the respondent in being unable to defend the claim outweighed the prejudice to the claimant of delay and loss of the default judgment.

Practical note

Legal authorities cited