Miss G Treadwell v Barton Turns Development Ltd: 2602783/2022
JUDGMENT
ON AN APPLICATION FOR A RECONSIDERATION The Claimant’s application for a reconsideration of the decision made on 23 March at a telephone preliminary hearing to refuse an amendment in relation to paragraph 13 of the particulars of claim (to introduce a complaint of whistleblowing detriment in respect of the matters contained in paragraph 13) is refused as there is no reasonable prospect of the original decision being varied or revoked.REASONS
[1]At a telephone preliminary hearing on 23 March 2023 the Claimant made two applications for amendment. The first application (as set out at paragraph 2 of the Order) was granted. The second application – in relation to paragraph 13 to introduce an allegation of detriment by reason of having made a protected disclosure - was refused. The reasons for refusing it were set out at paragraphs 3.1 to 3.3 of the Order[2]On 18 April 2023 the Claimant made an application for a reconsideration.[3]On a preliminary consideration and upon the papers alone, the application for a reconsideration is refused for the following reasons:3.1 The issues raised in the application have substantively been ventilated already at the preliminary hearing (albeit that the Claimant now cites further caselaw in support);3.2 The issue is a matter of law. The proper forum for determining an error of law is an appeal not reconsideration. Page 1 of 2 Case No: 2602783/2022