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Cahoon v Silverwood Enterprise Ltd February (Striking Out of Application) [2003] NIIT 1664_02 (February 2003)

THE INDUSTRIAL TRIBUNALS

CASE REF: 1664/02

APPLICANT: Stephen Cahoon

RESPONDENT: Silverwood Enterprise Limited

DECISION
1. The Originating Application is struck out, the applicant having failed to comply with an Order for Further Particulars dated 28 November 2002 and an Order for Discovery dated 28 November 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 Orders was sent to the applicant on 20 January 2003.
3. The hearing took place on 28 January 2003. The applicant was neither present nor was he represented.
4. By Notice dated 5 February 2003 the applicant was put on notice that his Originating Application would be struck out unless he complied with the Orders for Particulars and Discovery within a further period of fourteen days.
5. By a letter dated 20 February 2003 the respondent's representative indicated that the applicant had failed to comply with the Orders.
6. In view of the applicant's continued failure to comply with the Orders, and the respondent's submission at the hearing on 28 January 2003 that the information is necessary to enable the respondent to prepare its case, the Originating Application is hereby struck out.

Chairman:

Date February 2003

Date decision recorded in register and issued to parties: