Fair Employment Tribunal Northern Ireland Decisions

 
FAIR EMPLOYMENT TRIBUNAL

CASE REFS: 108/06 FET

1165/06

40/07 FET

291/07

CLAIMANT: Fatma Ergi

RESPONDENTS: 1. Dr A Hussein

2. Dr Micheal Curran

3. Dr Jacinta O'Kane

4. Dr Abbadey

5. Trevor Millar

6. Western Health & Social Services Trust

7. Dr A G O'Hara MB MRC Psych

DECISION ON A PRE-HEARING REVIEW

The decision of the Tribunal is that all of the claimant's claims will be struck out unless she:-

(1) provides her own witness statement in these proceedings to the respondents' representative by 5 December 2007; and

(2) also provide to the respondents' representative a schedule of all financial loss claimed by the claimant, setting out in particular the nature and amount of any such loss claimed and how that sum is made up, by 5 December 2007.

Constitution of Tribunal:

Chairman (sitting alone): Mr P Buggy

Appearances:

The claimant was represented by Mr M Robinson, Barrister-at-Law, instructed by MSC Daly, Solicitors.

The respondent was represented by Mr F O'Reilly, Barrister-at-Law, instructed by Directorate of Legal Services.

1. On behalf of the claimant (and with her explicit authority), Mr Robinson accepted that it was appropriate, in all the circumstances of this case, for the Tribunal now to make an 'Unless' Order in the terms set out above.
2. On behalf of the respondents, Mr O'Reilly did not pursue his application for an immediate Striking-out Order and instead accepted that, in the circumstances, the order set out above was the appropriate order.
3. During a recess in the course of this hearing, the claimant's legal advisers sought and obtained the explicit authority of the claimant in relation to relevant matters.
4. The following matters have been agreed:-

(1) It is agreed between the parties that 'any other' witness statement submitted on behalf of the claimant (any claimant's witness statement other than the claimant's own personal witness statement) must be submitted by 5 December 2007 and it is explicitly also agreed between the parties that if any such other witness statement is not submitted by that date, no further extension of time should be granted by the Tribunal.

(2) It is also agreed between the parties that the claimant shall pay the respondents the sum of £617.50 by way of legal costs and expenses no later than 31 December 2007. With the consent of both parties, it is ordered accordingly. That order satisfies all actual and potential demands on the part of the respondent for costs in respect of any actions or omissions up to and including 21 November 2007.

(3) Against that background, the respondents accepted that the 'Unless' Order (instead of an immediate Striking-out Order) was appropriate at this time.

(4) The claimant agreed that the Tribunal should make the 'Unless' Striking-out Order.

5. The following consequential changes have been made in relation to the witness statement exchange timetable and also in relation to the dates of hearing.
6. The respondents and any witnesses they wish to call must provide a witness statement to the claimant's representative by 28 February 2008.
7. If the claimant or any of her witnesses wish to respond to any evidence given in a respondents' witness statement, he/she must provide a supplementary witness statement to the respondents' representative by 30 April 2008.
8. By agreement, the hearing is now listed for 1 – 26 September 2008 inclusive. However, if it is not completed within that period, it will continue until it is finished.
9. The first copy of the agreed bundle must be lodged in the Office of the Tribunals by 22 August 2008.
10. An 'Unless' Order has been made and is referred to in a Decision on a Pre-Hearing Review which has been issued separately.
11. It is noted that the solicitors for the respondents will inform the Secretary of the Tribunals on 6 December 2007, or as soon as practicable thereafter, if the claimant's witness statement is not received by 5 December 2007, or if the schedule of loss is not received by that date.

Chairman:

Date and place of hearing: 21 November 2007, Belfast

Date decision recorded in register and issued to parties: