THE INDUSTRIAL TRIBUNALS

CASE REF:  864/06

CLAIMANT:			William Andrew Cardwell

RESPONDENT:		Eurotile Marketing Limited

DECISION ON A PRE-HEARING REVIEW
The decision of the tribunal is as follows:-

	(A)	The claimant’s strike-out application has been withdrawn by the claimant and accordingly it is dismissed.

	(B)	The respondent’s strike-out application has been dismissed.

Constitution of Tribunal:
Chairman (Sitting Alone):	Mr P Buggy

Appearances:
The claimant was represented by Mr Richard Sheilds, Barrister-at-Law, instructed by Cunningham and Dickeys, Solicitors.
The respondent was represented by Mr D Bunting of Peninsula Business Services Ltd.

REASONS

 1.	The reasons for the decision in respect of the respondent’s striking-out application were given orally at the conclusion of the hearing.

 2.	The claimant’s position continues to be that there has been a failure on the part of the respondent to comply, in a timely fashion, with directions made by a chairman in relation to discovery in these proceedings.  During the course of the main hearing, the claimant intends to draw the attention of the relevant tribunal to those perceived deficiencies.  However, as a result of discussions between the parties at the margins of this strike-out hearing, a measure of agreement has been reached between the parties in relation to the discovery which, according to the claimant, remains outstanding and is still needed.

 3.	Mr Sheilds told me that, against that background, and for purely pragmatic reasons, it has been decided not to pursue the strike-out application which had been made on behalf of the claimant.

4.	It is anticipated that the new arrangements which have been agreed between the parties (as result of the discussions mentioned above) will make it unnecessary for the parties to come back to the tribunal for any further order or direction.  However, the parties know that they are free to seek an urgent Case Management Discussion in relation to this matter, if necessary.

Chairman:

Date and place of hearing:	1 October 2007, Belfast.

Date decision recorded in register and issued to parties: