McKinstry v Moy Park Ltd Gary Maxwell Brian Johnstone [2014] NIIT 1725_13IT (30 June 2014)

McKinstry v Moy Park Ltd Gary Maxwell Brian Johnstone [2014] NIIT 1725_13IT (30 June 2014)

The discussions at the meeting on 25 June 2013 are inadmissible as evidence because they were 'without prejudice' negotiations aimed at settlement of an employment dispute, and no exception such as unambiguous impropriety applies. Applications for costs orders are refused as neither party acted unreasonably in the adjournment.

Citation
[2014] NIIT 1725_13IT
Parties
Claimant: Philip McKinstry; Respondent: Moy Park Ltd; Respondent: Gary Maxwell; Respondent: Brian Johnstone
Jurisdiction
Northern Ireland
Judgment Date
30 June 2014
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Outcome
preliminary issue determined; costs applications refused
Legal Topics
Without Prejudice Privilege, Admissibility of Evidence, Case Management, Costs Orders
Employment Law Without Prejudice Privilege Admissibility of Evidence Case Management Costs Orders

Case Brief

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Parties

Philip McKinstry

Claimant

Moy Park Ltd

Respondent

Gary Maxwell

Respondent

Brian Johnstone

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether discussions at the meeting on 25 June 2013 are admissible or excluded as 'without prejudice'
  2. 2 Whether costs orders should be made for the adjourned hearing on 7 April 2014

Ratio Decidendi

The discussions at the meeting on 25 June 2013 are inadmissible as evidence because they were 'without prejudice' negotiations aimed at settlement of an employment dispute, and no exception such as unambiguous impropriety applies. Applications for costs orders are refused as neither party acted unreasonably in the adjournment.

Court Disposition

preliminary issue determined; costs applications refused

Orders

  • Details of the 25 June 2013 meeting to be redacted/amended and excluded from claim, response, and witness statements.
  • If compliance issues arise, a further hearing will be arranged.