Mr R Amin v Vevas Indian Restaurant and 1 other — 2021

This judgment concerned the claimant's application for reconsideration of the strike-out judgment sent on 12 June 2021. The tribunal recorded that the claim had already been struck out because it had not been actively pursued. The claimant applied for reconsideration on 26 June 2021, saying he had not replied to the strike-out warning letter because he did not understand what he had to do.

The reconsideration application was listed and then postponed several times. When the claimant sought a further postponement on 30 March 2022, he said he needed to go abroad because his mother had become very ill and provided a travel booking showing flights on 31 March 2022 and 31 May 2022. The tribunal postponed the hearing but directed him by letter of 6 April 2022 to provide evidence of his mother's illness by 4 May 2022. He did not reply.

The tribunal relisted the matter for 20 September 2022 and on 18 May 2022 again asked the claimant to provide medical evidence by 1 June 2022 and to confirm whether he wished to pursue the reconsideration application. He did not reply. On 9 June 2022 he was warned that a Judge was considering striking out the matter because it had not been actively pursued, although the warning letter mistakenly referred to the claim rather than the reconsideration application. The tribunal said the warning was nonetheless clear.

By the date of the judgment, the claimant had still not provided any medical evidence or confirmed that he wished to pursue the application. The tribunal therefore dismissed the reconsideration application and confirmed the earlier judgment striking out the claim.