Kovacs v Queen Mary & Westfield College & Anor [2002] EWCA Civ 352 (22nd March, 2002)

Kovacs v Queen Mary & Westfield College & Anor [2002] EWCA Civ 352 (22nd March, 2002)

Ability to pay is not a relevant factor for Employment Tribunals when deciding whether to make a costs order under rule 12; only conduct is relevant.

Source-derived case information.

Citation
[2002] EWCA Civ 352
Parties
Appellant: Dr Iren Kovacs; First Respondent: Queen Mary & Westfield College; Second Respondent: The Royal Hospitals NHS Trust
Jurisdiction
England and Wales
Procedural Posture
Appeal From Employment Appeal Tribunal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Costs Orders, Unfair Dismissal, Discrimination, Tribunal Discretion
Employment Law Civil Procedure Costs Orders Unfair Dismissal Discrimination Tribunal Discretion

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dr Iren Kovacs

Appellant

Queen Mary & Westfield College

First Respondent

The Royal Hospitals NHS Trust

Second Respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Final Judgment

Legal Issues

  1. 1 Whether Employment Tribunals must consider the paying party's means when making costs orders under rule 12 of the Industrial Tribunals Regulations 1993

Ratio Decidendi

Ability to pay is not a relevant factor for Employment Tribunals when deciding whether to make a costs order under rule 12; only conduct is relevant.

Court Disposition

appeal dismissed

Orders

  • Appellant to pay the whole of the second respondent’s costs, as taxed if not agreed
  • Appellant to pay £500 towards the first respondent’s costs