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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Taber v Mark [2007] NIIT 353_05 (1 May 2007)
URL: http://www.bailii.org/nie/cases/NIIT/2007/353_05.html
Cite as: [2007] NIIT 353_5, [2007] NIIT 353_05

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    THE INDUSTRIAL TRIBUNALS
    CASE REF: 353/05
    CLAIMANT: Toni Taber
    RESPONDENT: Barry Mark
    DECISION
    It is the tribunal's decision that:-
    (1) the claim of the claimant be struck out for failure to actively pursue her claim.
    (2) the claimant pay the respondent the sum of £50 in respect of the respondent's costs in appearing in this matter on 1 May 2007.
    Constitution of Tribunal:
    Chairman: Ms Crooke
    Appearances:
    The claimant did not appear and neither did her representative.
    Ms Maxine Orr of Worthington's Solicitors appeared on behalf of the respondent.
  1. The purpose of this pre hearing review was to consider -

    2. (i) striking out the claim of the claimant for failure to actively pursue it.
    (ii) the respondent's application for costs.
  2. There has been a history of failure to comply with orders of the tribunal, failure to attend hearings and failure to provide medical evidence in respect of the failure to attend on alleged medical grounds.

  3. In recent times the sole item of correspondence in this case was a request from the claimant's representative for a postponement. This request was not granted.

  4. This course of conduct by the claimant and her representative could fairly be described as vexations. It is certainly unreasonable. There has been no impetus on the part of the claimant to pursue her case and I hereby order that:-

    5. (1) the claimant's claim be struck out for her failure to actively pursue the case; and
    (2) the claimant pay the sum of £50 to the respondent in respect of his costs for attendance at the hearing of the strike out application.
    Chairman:
    Date and place of hearing: 1 May 2007, Belfast.
    Date decision recorded in register and issued to parties:

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URL: http://www.bailii.org/nie/cases/NIIT/2007/353_05.html