Rogers v Meda Pharmaceuticals UK Ltd [2009] NIIT 388_09IT (16 October 2009)

Rogers v Meda Pharmaceuticals UK Ltd [2009] NIIT 388_09IT (16 October 2009)

Leave to amend the claim form is granted because the evidence required for the new claim is substantially the same as for the existing claims, and the application was made well in advance of the main hearing. Costs are refused as the main costs arose due to the respondent's opposition, and the claimant did not act...

Source-derived case information.

Citation
[2009] NIIT 388_09IT
Parties
Claimant: Eugene Rogers; Respondent: Meda Pharmaceuticals UK Ltd
Jurisdiction
Northern Ireland
Judgment Date
16 October 2009
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Outcome
Leave to amend granted; application for costs refused.
Legal Topics
TUPE, Unfair Dismissal, Amendment of Claim, Costs
Employment Law TUPE Unfair Dismissal Amendment of Claim Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Eugene Rogers

Claimant

Meda Pharmaceuticals UK Ltd

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether the claimant's claim form covers a TUPE-related unfair dismissal
  2. 2 Whether leave should be granted to amend the claim form to include a TUPE-related unfair dismissal
  3. 3 Whether costs should be awarded against the claimant for the amendment application

Ratio Decidendi

Leave to amend the claim form is granted because the evidence required for the new claim is substantially the same as for the existing claims, and the application was made well in advance of the main hearing. Costs are refused as the main costs arose due to the respondent's opposition, and the claimant did not act unreasonably.

Court Disposition

Leave to amend granted; application for costs refused.

Orders

  • Claimant granted leave to amend claim form to include TUPE-related unfair dismissal.
  • Respondent's application for costs refused.