Clarke v Irish Spars and Rigging Ltd Irish Spars and Rigging (2011)... [2012] NIIT 01352_11IT (21 June 2012)

The default judgment was set aside because all parties agreed in writing to revoke it and the applicant did not receive notice of the original proceedings.

Citation: [2012] NIIT 01352
Parties: Claimant: Niall Daniel Clarke; Respondent: Irish Spars and Rigging Ltd; Respondent: Irish Spars and Rigging (2011) Ltd
Jurisdiction: Northern Ireland
Judgment Date: 21 June 2012
Procedural Posture: Industrial Tribunal / Application for Review of Default Judgment
Outcome: default judgment set aside
Legal Topics: Review of Default Judgment, Extension of Time, Notice of Proceedings

Employment Law Review of Default Judgment Extension of Time Notice of Proceedings

Case Brief

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Parties

Niall Daniel Clarke

Claimant

Irish Spars and Rigging Ltd

Respondent

Irish Spars and Rigging (2011) Ltd

Respondent

Procedural Posture

Industrial Tribunal / Application for Review of Default Judgment

Legal Issues

1 Whether the application for review should be granted despite being out of time
2 Whether the default judgment should be set aside

Ratio Decidendi

The default judgment was set aside because all parties agreed in writing to revoke it and the applicant did not receive notice of the original proceedings.

Court Disposition

default judgment set aside

Orders

default judgment revoked
extension of time for review application granted