Scott v Rymor Inns Ltd Danny Morton Steven Cowan [2012] NIIT 00661_12IT (4 December 2012)

Scott v Rymor Inns Ltd Danny Morton Steven Cowan [2012] NIIT 00661_12IT (4 December 2012)

Unless the first named respondent fully complies with the Tribunal’s Order for Discovery by 14 December 2012, its response shall be struck out and it shall be debarred from defending the proceedings. The tribunal refused to strike out the third named respondent’s response due to his lack of access to the relevant documents.

Citation
[2012] NIIT 00661_12IT
Parties
Claimant: Jennifer Scott; Respondent: Rymor Inns Ltd; Respondent: Danny Morton; Respondent: Steven Cowan
Jurisdiction
Northern Ireland
Judgment Date
04 December 2012
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Outcome
Conditional strike out order against first named respondent; refusal to strike out third named respondent’s response.
Legal Topics
Discovery, Strike Out Applications, Case Management, Pregnancy Discrimination
Employment Law Discovery Strike Out Applications Case Management Pregnancy Discrimination

Case Brief

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Parties

Jennifer Scott

Claimant

Rymor Inns Ltd

Respondent

Danny Morton

Respondent

Steven Cowan

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether the first and third named respondents’ responses should be struck out and whether they should be debarred from defending these proceedings for failure to comply with the Tribunal’s order for Discovery by the extended time limit.

Ratio Decidendi

Unless the first named respondent fully complies with the Tribunal’s Order for Discovery by 14 December 2012, its response shall be struck out and it shall be debarred from defending the proceedings. The tribunal refused to strike out the third named respondent’s response due to his lack of access to the relevant documents.

Court Disposition

Conditional strike out order against first named respondent; refusal to strike out third named respondent’s response.

Orders

  • Unless the first named respondent fully complies with the Tribunal’s Order for Discovery by 14 December 2012, its response shall be struck out and it shall be debarred from defending these proceedings.
  • The application to strike out the third named respondent’s response is refused.