Morgan v Carmichael [2007] NIFET 183_04 (20 March 2007)

Morgan v Carmichael [2007] NIFET 183_04 (20 March 2007)

The Tribunal, after considering the explanation for delay, merits of the defence, and balancing prejudice and interests of justice, found it objectively justified to extend the time for the respondent to enter a notice of appearance.

Citation
[2007] NIFET 183_04
Parties
Claimant: Brian Morgan; Respondent: Alan Carmichael
Jurisdiction
Northern Ireland
Judgment Date
20 March 2007
Procedural Posture
Fair Employment Tribunal Pre Hearing Review / Pre Hearing Review on Extension of Time for Notice of Appearance
Outcome
Application to extend time granted
Legal Topics
Extension of Time, Notice of Appearance, Tribunal Procedure
Employment Law Extension of Time Notice of Appearance Tribunal Procedure

Case Brief

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Parties

Brian Morgan

Claimant

Alan Carmichael

Respondent

Procedural Posture

Fair Employment Tribunal Pre Hearing Review / Pre Hearing Review on Extension of Time for Notice of Appearance

Legal Issues

  1. 1 Whether to extend time for the respondent to enter a notice of appearance

Ratio Decidendi

The Tribunal, after considering the explanation for delay, merits of the defence, and balancing prejudice and interests of justice, found it objectively justified to extend the time for the respondent to enter a notice of appearance.

Court Disposition

Application to extend time granted

Orders

  • Respondent to enter a notice of appearance within 14 days from the date of this decision
  • Non-compliance will result in Tribunal exercising powers under Rule 12, including possible strike out or costs orders