Creighton v Tarat Ltd [2008] NIIT 582_08IT (06 October 2008)
The claim was not presented within three months of the effective date of termination, and the tribunal was not satisfied that it was not reasonably practicable for the complaint to be presented within that time, given the claimant's experience and knowledge.
Source-derived case information.
- Citation
- [2008] NIIT 582_08IT
- Parties
- Claimant: George Creighton; Respondent: Tarat Limited
- Jurisdiction
- Northern Ireland
- Judgment Date
- 06 October 2008
- Procedural Posture
- Industrial Tribunal Pre Hearing Review / Preliminary Issue on Time Bar of Contract Claim
- Outcome
- Claim dismissed as out of time
- Legal Topics
- Breach of Contract, Time Limits for Bringing Claims, Extension of Jurisdiction
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Creighton
Claimant
Tarat Limited
Respondent
Procedural Posture
Industrial Tribunal Pre Hearing Review / Preliminary Issue on Time Bar of Contract Claim
Legal Issues
- 1 Whether the claimant's breach of contract claim was presented within the statutory time limit
- 2 Whether it was not reasonably practicable for the complaint to be presented within the time limit
Ratio Decidendi
The claim was not presented within three months of the effective date of termination, and the tribunal was not satisfied that it was not reasonably practicable for the complaint to be presented within that time, given the claimant's experience and knowledge.
Court Disposition
Claim dismissed as out of time
Orders
- The Industrial Tribunal shall not entertain the claimant's contract claim.
Full Case Text
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