A solicitor who claims to be a law firm “trainer” and “mentor” is brining a claim of precisely £9,999 (the limit of the Small Claims Court) against Marks & Spencers PLC, for alleged racism.
Jay Sahota, formerly of Jarmans Solicitors, who now runs ‘The Masala Mentor’ proudly uploaded a copy of the Claim Form in a claim he has issued against M&S on LinkedIn.
Sahota claimed that he had been involved in an altercation with a member of staff at M&S who was (for unspecified reasons) apparently ‘racist’. Apparently, M&S provided an apology, offered to re-train the staff member – and Sohota claimed M&S admitted the staff member was ‘racist’ – although provided no proof of this serious admission.
Seemingly, this wasn’t enough for Jay Sahota, as there was no offer of compensation from M&S…… so he’s taken M&S to the Small Claims Court – seeking £9,999 in damages.
The figure of £9,999 may seem an interesting amount to seek…. It just so happens that it is at the top limit of the Small Claims Court’s limit…. What this means is that if an amount of more than this was sought, it would be heard in the County Courts – where if Sahota was to lose, he be liable for M&S’s legal costs. In the Small Claims Court losers don’t have to pay the successful party’s legal costs, other than expenses.
I quizzed (via LinkedIn) Jay Sahota on his damages, and asked if they were calculated on the Vento Bands. He confirmed they were – so I explained that the Vento Bands were between £900 and £9,100 for the lower band – having an argument with a shopworker would be unlikely see any more than that. My question was how he made up the £799 difference?
The response to that was that it was “none of [my] business”.
I then (publicly via LinkedIn) explained to Jay Sahota three things;
- That the principle of Open Justice is that it is in fact anyones’ business. He brought a claim against a Public Limited Company, intended for the claim to be heard in Open Court where anyone can attend a hearing, and anyone can apply to the Court for the Court’s bundle.
- That he (as a solicitor) was publicly advocating bringing a claim, and as someone who claims to train and mentor law firms and other solicitors – surely, he would be prepared to explain the basis of his claim – which he would in any event have to do before a Judge?
- He, as a solicitor, should know these things…..
Seemingly the public pressure of Jay Sohal having to explain his claim was too much. Just minutes later the post was deleted.
Opinion
Whilst of course this is a matter to be heard before the Court. On the face of it, this is a speculative and opportunistic claim; deliberately set at the highest possible limit the Small Claims Court can award, whilst avoiding the risk of legal costs awarded in the higher courts in the event the claim fails.
Jay Sohal is maybe hoping M&S capitulate and pay him his ‘damages’. Alternatively, he may be hoping M&S ignore the claim and he gets a Judgement in Default – unlikely given he tagged M&S into the LinkedIn post.
The fact the post was deleted when the holes in his claim were exposed and some home truths came out, says all you need to know: is it very unwise for solicitors (especially those who claim to train and mentor other solicitors) to boast about claims they have issued – until at least the Court has heard the Claim!.
