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Kerrigan v East Belfast Constitutional Club (Striking Out of Application) [2003] NIIT 1227_02 (15 June 2003)

THE INDUSTRIAL TRIBUNALS

CASE REF: 1227/02

APPLICANT: Lindsay Kerrigan

RESPONDENTS: East Belfast Constitutional Club

DECISION
1. This Originating Application is dismissed, the applicant having failed to comply with an Order for Further Particulars dated 16 October 2002.
2. Notice of a hearing to consider the respondent's request for the Originating Application to be struck out for failure to comply with the Order for Further Particulars was sent to the applicant on 11 November 2002. This hearing took place on 9 January 2003. The applicant was neither present nor was she represented. The respondent provided representations in writing.
3. By Notice dated 9 January 2003 the applicant was put on notice that her Originating Application would be struck out unless she complied with the Order for Further Particulars within a further period of 14 days.
4. By letter dated 16 January 2003 the applicant wrote to the tribunal indicating that she had changed address and indicating she wished to pursue her complaint.
5. By letter dated 4 February 2003 from the tribunal the applicant was sent a copy of both the Order for Further Particulars and the Unless Order and was warned that she was in breach of both Orders and that unless she replied immediately to the Order for Further Particulars her Originating Application would be struck out.
6. The respondent's representative indicated to the tribunal that as of 18 February 2003 the applicant had not complied with the Order for Further Particulars.
7. I am satisfied that the applicant's continued failure to comply with the Order for Further Particulars is deliberate and leaves the respondent in the position that it does not know the case being made against it and is unable therefore to prepare its own case for trial.
8. In the circumstances and because of the applicant's continued failure to comply with the Order, the Originating Application is hereby dismissed.

Chairman:

Date decision recorded in register and issued to parties: