Mrs F. Kayani v Tesco Stores Ltd: 3301942/2015
JUDGMENT
The Claimant’s application dated 21 February 2017 for a reconsideration of the Judgment dated 7 February 2017 is refused. It has no reasonable prospects of success.REASONS
[1]In my judgment, the Claimant does not get around the fact that her solicitors wrote letters intimating claims dated 26 March 2015 and 22 April 2015, the latter stating that the solicitors had instructions to commence proceedings after 7 days. This was not followed through. It could and should have been. This was within the primary period of limitation.[2]As to the suggestion that there should have been a postponement to allow evidence from the solicitors: it was clear at all times in respect of this preliminary issue (and first time around, and at the EAT) that the position of Mayfair Solicitors was a very relevant consideration. At no stage did they put in any evidence. There was ample opportunity for Case Number: 3301942/2015 them to do so. No application for a postponement was made before me at the Hearing on 29 November 2016.