Lewis v Scullion & Anor [2004] NIFET 319_03 (26 November 2004)

Lewis v Scullion & Anor [2004] NIFET 319_03 (26 November 2004)

The applicant voluntarily withdrew his claims as part of an agreement; there are no grounds for review of the dismissal, and cause of action estoppel prevents re-litigating identical claims.

Source-derived case information.

Citation
[2004] NIFET 319_03
Parties
Applicant: Robert Lewis; Respondent: Denise Scullion; Respondent: Estates Department
Jurisdiction
Northern Ireland
Judgment Date
26 November 2004
Procedural Posture
Fair Employment Tribunal Application / Application for Review Following Withdrawal and Dismissal
Outcome
Applications for review and identical claims dismissed.
Legal Topics
Withdrawal of Application, Cause of Action Estoppel, Review of Tribunal Decision, Discrimination (race, Sex, Gender, Religion)
Employment Law Discrimination Law Withdrawal of Application Cause of Action Estoppel Review of Tribunal Decision Discrimination (race, Sex, Gender, Religion)

Source-derived case record

Summary, issues, holding and outcome

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Parties

Robert Lewis

Applicant

Denise Scullion

Respondent

Estates Department

Respondent

Procedural Posture

Fair Employment Tribunal Application / Application for Review Following Withdrawal and Dismissal

Legal Issues

  1. 1 Whether the applicant was forced to withdraw his claim
  2. 2 Whether grounds exist to review the dismissal following withdrawal
  3. 3 Whether identical claims can be re-litigated after dismissal

Ratio Decidendi

The applicant voluntarily withdrew his claims as part of an agreement; there are no grounds for review of the dismissal, and cause of action estoppel prevents re-litigating identical claims.

Court Disposition

Applications for review and identical claims dismissed.

Orders

  • No grounds for review of dismissal following withdrawal.
  • Applications 334/03 and 9195/03 dismissed as identical to previously withdrawn and dismissed claims.