Towell v Craig & Anor (Pre-hearing Review) [2004] NIIT 1714_03 (20 April 2004)

Towell v Craig & Anor (Pre-hearing Review) [2004] NIIT 1714_03 (20 April 2004)

The applicant failed to comply with the requirement to provide particulars of the complaint in writing, and the delay in providing particulars rendered the complaint grossly out of time. The complaint has no reasonable prospect of success, justifying the imposition of a deposit as a condition to proceed.

Citation
[2004] NIIT 1714
Parties
Applicant: Christopher Towell; First Respondent: Gary Craig; Second Respondent: The Social Security Agency
Jurisdiction
Northern Ireland
Judgment Date
20 April 2004
Procedural Posture
Industrial Tribunal Discrimination Complaint / Pre Hearing Review
Outcome
Deposit ordered as condition to proceed; application to be struck out if deposit not paid within 21 days.
Legal Topics
Race Discrimination, Disability Discrimination, Procedural Compliance, Time Limits
Employment Law Discrimination Law Race Discrimination Disability Discrimination Procedural Compliance Time Limits

Case Brief

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Parties

Christopher Towell

Applicant

Gary Craig

First Respondent

The Social Security Agency

Second Respondent

Procedural Posture

Industrial Tribunal Discrimination Complaint / Pre Hearing Review

Legal Issues

  1. 1 Whether the Originating Application complied with Rule 1(1)(c) of the Industrial Tribunals (Constitution & Rules of Procedure) Regulations (NI) 1996 and 2004
  2. 2 Whether the complaint was out of time
  3. 3 Whether a deposit should be ordered as a condition to proceed

Ratio Decidendi

The applicant failed to comply with the requirement to provide particulars of the complaint in writing, and the delay in providing particulars rendered the complaint grossly out of time. The complaint has no reasonable prospect of success, justifying the imposition of a deposit as a condition to proceed.

Court Disposition

Deposit ordered as condition to proceed; application to be struck out if deposit not paid within 21 days.

Orders

  • Applicant to lodge a deposit of £150.00 within 21 days as a condition to continue proceedings.
  • If deposit not paid, application will be struck out.