Mr P L Rotaru v Do & Co Event and Airline Catering Ltd: 3315421/2020
JUDGMENT
[1]The Claimant’s claims in case number 3315421/2020 are struck out under rule 37(a) and (b).REASONS
[1]By a case management order dated 14 July 2023, the Claimant was identified as pursuing what appeared to be duplicate claims. He was warned that if the duplicate claims were not withdrawn by 11 August 2023, then I would consider striking them out.[2]The Claimant neither withdrew these claims nor wrote to the Tribunal with any reason why he should be permitted to pursue them.[3]More recently, an email was sent by the Tribunal to the Claimant reminding him of the order with respect to withdrawal of the duplicates. Although the Claimant replied to this correspondence, he did not address this point.[4]It is an abuse of process to pursue the same complaints in two sets of proceedings. The Claimant will either succeed or fail in the complaints he pursues in his first claim. Irrespective of that outcome, he can have no reasonable prospect of succeeding in a second claim comprising the same complaints. It is unreasonable to attempt to continue in this way.[5]I will dismiss the Claimant’s second claim, as if there are any time points he may be assisted by the slightly earlier presentation date (27 as opposed to 29 December 2020).[6]The Claimant’s claim number 315398/2020 is not struck out and will continue. Case Number: 3315421/2020 EJ Maxwell Date: 27 September 2023 …2 October 2023. …