Lyapin v Denise Greatorex University of Ulster [2011] NIIT 00539_11IT (28 December 2011)

Lyapin v Denise Greatorex University of Ulster [2011] NIIT 00539_11IT (28 December 2011)

The claim was struck out in its entirety due to the claimant's wilful and culpable failure to comply with a peremptory Unless Order, repeated failure to provide meaningful responses to tribunal orders, and non-attendance at the pre-hearing review without explanation. The tribunal found no reasonable prospect of...

Source-derived case information.

Citation
[2011] NIIT 00539_11IT
Parties
Claimant: Dr Rail Lyapin; Respondent: Denise Greatorex; Respondent: University of Ulster
Jurisdiction
Northern Ireland
Judgment Date
28 December 2011
Procedural Posture
Employment Tribunal / Pre Hearing Review Decision
Outcome
claim struck out
Legal Topics
Strike Out, Unless Order, Race Discrimination, Case Management, Non Compliance With Tribunal Orders
Employment Law Strike Out Unless Order Race Discrimination Case Management Non Compliance With Tribunal Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dr Rail Lyapin

Claimant

Denise Greatorex

Respondent

University of Ulster

Respondent

Procedural Posture

Employment Tribunal / Pre Hearing Review Decision

Legal Issues

  1. 1 Whether the claim should be struck out for failure to comply with an Unless Order
  2. 2 Whether a Deposit Order should be made if the claim is not struck out

Ratio Decidendi

The claim was struck out in its entirety due to the claimant's wilful and culpable failure to comply with a peremptory Unless Order, repeated failure to provide meaningful responses to tribunal orders, and non-attendance at the pre-hearing review without explanation. The tribunal found no reasonable prospect of success and determined that the time and resources of the tribunal should not be wasted on speculative or fanciful claims.

Court Disposition

claim struck out

Orders

  • The claim is struck out in its entirety under Rule 18(7)(e) of Schedule 1 to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005 for non-compliance with an Unless Order.