Breslin v Margaret Loughrey [2017] NIFET 00077_16FET (14 March 2017)

Breslin v Margaret Loughrey [2017] NIFET 00077_16FET (14 March 2017)

The respondent provided a defence with some merit and a credible explanation for delay; no real prejudice was caused to the claimant. In the interests of justice and under the overriding objective, the default judgment should be revoked, time extended, and the response accepted.

Citation
[2017] NIFET 00077_16FET
Parties
Claimant: Patrick Joseph Breslin; Respondent: Margaret Loughrey
Jurisdiction
Northern Ireland
Judgment Date
14 March 2017
Procedural Posture
Fair Employment Tribunal / Decision on Review of Default Judgment
Outcome
Default judgment revoked; time extended for response; matter to proceed under relevant Rules of Procedure.
Legal Topics
Default Judgment, Extension of Time, Review of Tribunal Decisions, Unfair Dismissal, Contract of Employment, Discrimination
Employment Law Default Judgment Extension of Time Review of Tribunal Decisions Unfair Dismissal Contract of Employment Discrimination

Case Brief

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Parties

Patrick Joseph Breslin

Claimant

Margaret Loughrey

Respondent

Procedural Posture

Fair Employment Tribunal / Decision on Review of Default Judgment

Legal Issues

  1. 1 Whether the default judgment should be revoked and time extended for the respondent to file a response
  2. 2 Whether the respondent's explanation for delay and merits of defence justify setting aside the default judgment

Ratio Decidendi

The respondent provided a defence with some merit and a credible explanation for delay; no real prejudice was caused to the claimant. In the interests of justice and under the overriding objective, the default judgment should be revoked, time extended, and the response accepted.

Court Disposition

Default judgment revoked; time extended for response; matter to proceed under relevant Rules of Procedure.

Orders

  • The decision entered in the Register and issued to the parties on 16 January 2017 is revoked.
  • The proposed response of the respondent to the claimant's claim presented on 14 February 2017 is accepted, with time extended.