M Willis v GWB Harthills LLP & Ors

M Willis v GWB Harthills LLP & Ors

The Employment Tribunal did not err in law in awarding costs, as it considered the claimant's ability to pay, assessed his assets and likely profit share, and exercised its discretion justly.

Parties
Appellant: Mr M Willis; Respondent: GWB Harthills LLP; Respondent: Miss Hester Russell; Respondent: Mrs Elizabeth Lord
Jurisdiction
England and Wales
Judgment Date
06 March 2025
Procedural Posture
Employment Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Costs, Ability to Pay, Discretion, Unreasonable Conduct
Employment Law Practice and Procedure Costs Ability to Pay Discretion Unreasonable Conduct

Case Brief

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Parties

Mr M Willis

Appellant

GWB Harthills LLP

Respondent

Miss Hester Russell

Respondent

Mrs Elizabeth Lord

Respondent

Procedural Posture

Employment Appeal / Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in awarding costs without properly considering ability to pay
  2. 2 Whether the Tribunal failed to consider the effect of the costs award on the claimant's wife and children
  3. 3 Whether the Tribunal wrongly took into account an estimated profit share in assessing ability to pay

Ratio Decidendi

The Employment Tribunal did not err in law in awarding costs, as it considered the claimant's ability to pay, assessed his assets and likely profit share, and exercised its discretion justly.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Costs award of £210,000 to respondents upheld