Hannan v Bombardier Shorts [2009] NIFET 176_03FET (27 May 2009)

Hannan v Bombardier Shorts [2009] NIFET 176_03FET (27 May 2009)

The Tribunal determined that an Unless Order should be issued against the first respondent, requiring compliance with the discovery order by June 2009, failing which the response will be struck out and the respondent debarred from defending the proceedings.

Citation
[2009] NIFET 176_03FET
Parties
Claimant: Paul Joseph Hannan; First Respondent: Bombardier Shorts; Second Respondent: Stephen Galway
Jurisdiction
Northern Ireland
Judgment Date
27 May 2009
Procedural Posture
Fair Employment Tribunal / Pre Hearing Review
Outcome
Unless Order issued; order for answers to written questions granted; undertakings by respondent's counsel recorded.
Legal Topics
Discovery, Unless Order, Strike Out, Pre Hearing Procedure
Employment Law Discovery Unless Order Strike Out Pre Hearing Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Paul Joseph Hannan

Claimant

Bombardier Shorts

First Respondent

Stephen Galway

Second Respondent

Procedural Posture

Fair Employment Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether the first respondent's response should be struck out for failure to comply with discovery orders and for unreasonable conduct of proceedings

Ratio Decidendi

The Tribunal determined that an Unless Order should be issued against the first respondent, requiring compliance with the discovery order by June 2009, failing which the response will be struck out and the respondent debarred from defending the proceedings.

Court Disposition

Unless Order issued; order for answers to written questions granted; undertakings by respondent's counsel recorded.

Orders

  • Unless Order to first respondent to comply with discovery by June 2009 or response will be struck out and defence barred.
  • Order requiring first respondent to provide answers to written questions by June 2009.