Claimant v St Mickalos Company Ltd
Outcome
Facts
Mr Sofoklis submitted a claim on 23 February 2024. The respondent was required to submit their response by 13 March 2024. A default judgment was entered against the respondent on 11 April 2024 because the tribunal believed no response had been filed. The respondent applied for reconsideration, providing evidence that they had submitted their response online on 13 March 2024 before midnight.
Decision
The tribunal accepted that the respondent had submitted their response on time and that an administrative error had occurred. The judgment of 11 April 2024 was revoked and the case will proceed as normal.
Practical note
Default judgments can be set aside on reconsideration where the respondent provides clear evidence of timely submission and tribunal administrative error is established.
Legal authorities cited
Statutes
Case details
- Case number
- 2306757/2023
- Decision date
- 20 April 2024
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No