Dean & Dean (a firm) & Ors v Dionissiou -Moussaoui (Rev 1)

Dean & Dean (a firm) & Ors v Dionissiou -Moussaoui (Rev 1)

The Employment Tribunal did not err in law or principle, considered all relevant circumstances, and its refusal to order costs was not plainly wrong or perverse. The appeal was therefore dismissed.

Parties
Appellant/defendant: Dean & Dean (a firm) & Ors; Respondent/claimant: Sofia Dionissiou-Moussaoui
Jurisdiction
England and Wales
Judgment Date
17 November 2011
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Costs in Employment Tribunal, Exercise of Discretion, Unreasonable Conduct, Striking Out Claims, Jurisdictional Issues
Employment Law Civil Procedure Costs in Employment Tribunal Exercise of Discretion Unreasonable Conduct Striking Out Claims Jurisdictional Issues

Case Brief

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Parties

Dean & Dean (a firm) & Ors

Appellant/defendant

Sofia Dionissiou-Moussaoui

Respondent/claimant

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing to make a costs order against the claimant after most claims were struck out or withdrawn
  2. 2 Whether the Tribunal failed to apply the correct legal test or exercised its discretion perversely

Ratio Decidendi

The Employment Tribunal did not err in law or principle, considered all relevant circumstances, and its refusal to order costs was not plainly wrong or perverse. The appeal was therefore dismissed.

Court Disposition

appeal dismissed

Orders

  • No order as to costs against the claimant
  • Appeal by salaried partners dismissed as not pursued