Ian Campbell v 1. Chief Constable [2007] NIFET 324_04 (09 June 2007)

Ian Campbell v 1. Chief Constable [2007] NIFET 324_04 (09 June 2007)

The claim was not presented within the statutory three-month time limit, and the claimant failed to establish grounds for a just and equitable extension, as he did not invoke internal grievance procedures, had legal advice and experience, and the delay prejudiced the respondents. The claimant did not waive legal privilege as only a summary of advice was disclosed.

Citation
[2007] NIFET 324_04
Parties
Claimant: Ian Campbell; Respondent: Chief Constable; Respondent: Peter Kane (Deputy Chief Superintendent); Respondent: David Mercier – Force Legal Adviser; Respondent: Superintendent McIvor
Jurisdiction
Northern Ireland
Judgment Date
09 May 2007
Procedural Posture
Fair Employment Tribunal Pre Hearing Review / Pre Hearing Review Decision
Outcome
Claim dismissed as out of time; no extension granted.
Legal Topics
Time Limits for Discrimination Claims, Just and Equitable Extension of Time, Legal Professional Privilege, Political Discrimination
Employment Law Discrimination Law Time Limits for Discrimination Claims Just and Equitable Extension of Time Legal Professional Privilege Political Discrimination

Case Brief

Summary, issues, holding and outcome

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Parties

Ian Campbell

Claimant

Chief Constable

Respondent

Peter Kane (Deputy Chief Superintendent)

Respondent

David Mercier – Force Legal Adviser

Respondent

Superintendent McIvor

Respondent

Procedural Posture

Fair Employment Tribunal Pre Hearing Review / Pre Hearing Review Decision

Legal Issues

  1. 1 Whether the claimant's claim was presented within the statutory time limit under the Fair Employment and Treatment (Northern Ireland) Order 1998
  2. 2 Whether it is just and equitable to extend the time limit for lodging the claim
  3. 3 Whether the claimant waived legal professional privilege regarding legal advice received

Ratio Decidendi

The claim was not presented within the statutory three-month time limit, and the claimant failed to establish grounds for a just and equitable extension, as he did not invoke internal grievance procedures, had legal advice and experience, and the delay prejudiced the respondents. The claimant did not waive legal privilege as only a summary of advice was disclosed.

Court Disposition

Claim dismissed as out of time; no extension granted.