Towell v Craig & Anor [2004] NIIT 1714_03 (20 April 2004)

Towell v Craig & Anor [2004] NIIT 1714_03 (20 April 2004)

The Originating Application failed to comply with the requirement to set out written grounds and particulars, and the delay in rectifying this rendered the complaint grossly out of time, justifying the order for a deposit as a condition to proceed.

Citation
[2004] NIIT 1714_03
Parties
Applicant: Christopher Towell; Respondent: Gary Craig; Respondent: The Social Security Agency
Jurisdiction
Northern Ireland
Judgment Date
20 April 2004
Procedural Posture
Industrial Tribunal Pre Hearing Review / Pre Hearing Review Decision
Outcome
Deposit ordered as condition to proceed; potential for strike out if not paid.
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

Respondent

The Social Security Agency

Respondent

Procedural Posture

Industrial Tribunal Pre Hearing Review / Pre Hearing Review Decision

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 Originating Application failed to comply with the requirement to set out written grounds and particulars, and the delay in rectifying this rendered the complaint grossly out of time, justifying the order for a deposit as a condition to proceed.

Court Disposition

Deposit ordered as condition to proceed; potential for strike out if not paid.

Orders

  • Applicant to lodge a deposit of £150.00 within 21 days as a condition to continue proceedings.
  • No further or other order made.