Mr L Barbera v Project Re Ltd (formerly Glife Food Ltd): 2207061/2021 and 2200567/2022
JUDGMENT
The Respondent must pay the Claimant £6671.34 (made up by £6365.28 plus interest of £306.06) by 11/8/22REASONS
[1]I received written representations from the Claimant and considered the ET1, ET3 and a bundle of documents of 34 pages.[2]The name of the Respondent changed from Glife Food Ltd to Seasons Re Ltd on 4/8/2021 and to Project Re Ltd on 26/4/2022.[3]The Claimant issued claim 2207061 2021 for wages which proceedings were compromised by a consent order under which the Respondent agreed to pay the Claimant £6365.28 by no later than 15/1/22, the Claimant having reserved the right to apply to restore the claim for purposes of enforcement. The agreed payment was not made so the Claimant’s proper course should have been to have applied within his first proceedings for a judgment to enforce the consent order. Mr Mazzocchi told me that in fact he had written to the Tribunal several times to request this, with no proper response, and hence he issued the second proceedings 2200567 2022 for this purpose. I have therefore consolidated the above claims and treated the matter before me as an application for judgment in claim 2207061 2021, with no further action necessary in 2200567 2022.[4]The consent order has not been complied with by the Respondent and the Claimant is entitled to judgment.[5]This is a debt to which the Late Payment of Commercial Debts (Interest) Act 1998 applies. The rate of interest is 8% pa plus the Bank of England base rate (average 1% during the relevant period) applied to the period of default namely 15/1/22 to 28/7/22, resulting in interest due of £306.06. J S Burns