Mr L Mirek v Grayson Automotive Services Limited — 2021

This was an application dated 17 August 2021 for reconsideration of the judgment sent to the parties on 3 August 2021 in case 1302701/2016. The underlying case had been listed for a 10-day in-person hearing, but the claimant and his solicitor did not attend. The claimant said he had returned from Europe shortly before the hearing and had to self-isolate under the covid regulations then in force.

The claimant's application argued that the panel had not properly considered oral representations and that technical problems arose because the solicitor had to deal with the hearing by telephone. The judge said the submissions were considered, although some were difficult to follow, and that the technical difficulties stemmed from the solicitor's decision, or instruction, not to attend in person. The tribunal also noted that a remote or hybrid hearing had been explored as a way to keep the case moving.

The tribunal refused reconsideration under rule 72(1), holding there was no reasonable prospect of the original decision being varied or revoked. It found the claimant had left the country without waiting for the adjournment application to be decided, had not taken steps to make himself available for the listed hearing, and could not rely on his own choice not to prepare for the hearing. Balancing the prejudice to both sides, the risk of significant further delay, and the overriding objective, the tribunal concluded that refusing the adjournment and dismissing the claim because the claimant did not attend under Rule 47 was reasonable.