Rosbotham v Lee Martin [2013] NIIT 01396_12IT (11 April 2013)

Rosbotham v Lee Martin [2013] NIIT 01396_12IT (11 April 2013)

The respondent's defence should not be struck out as the failure to comply was partly due to lack of awareness from a change of address and because relevant documents were not in his possession but with the Department for Social Development. The original discovery order was too wide and is set aside. Discovery is now ordered against the Department for Social Development as a third party.

Citation
[2013] NIIT 01396_12IT
Parties
Claimant: Ian Rosbotham; Respondent: Lee Martin
Jurisdiction
Northern Ireland
Judgment Date
11 April 2013
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Outcome
Respondent's defence not struck out; original discovery order set aside; new discovery order issued against third party.
Legal Topics
Discovery and Inspection, Case Management, Strike Out Applications
Employment Law Civil Procedure Discovery and Inspection Case Management Strike Out Applications

Case Brief

Summary, issues, holding and outcome

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Parties

Ian Rosbotham

Claimant

Lee Martin

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether the respondent's defence should be struck out for failure to comply with an order for discovery and inspection
  2. 2 Appropriateness of the original discovery order
  3. 3 Case management directions regarding discovery and hearing dates

Ratio Decidendi

The respondent's defence should not be struck out as the failure to comply was partly due to lack of awareness from a change of address and because relevant documents were not in his possession but with the Department for Social Development. The original discovery order was too wide and is set aside. Discovery is now ordered against the Department for Social Development as a third party.

Court Disposition

Respondent's defence not struck out; original discovery order set aside; new discovery order issued against third party.

Orders

  • Order for Discovery and Inspection against respondent set aside.
  • Order for Discovery and Inspection issued against Department for Social Development as third party.