The Manchester College v Hazel & Anor

The Manchester College v Hazel & Anor

There is a compelling reason to uphold costs protection for the claimants, given their modest means, the risk of adverse costs, their prior success in 'no costs' jurisdictions, and the imminent applicability of CPR Rule 52.9A; the order achieves a level playing field and justice requires its maintenance.

Source-derived case information.

Parties
Appellant: The Manchester College; Respondent: Mrs C Hazel; Respondent: Mrs N Huggins
Jurisdiction
England and Wales
Judgment Date
15 March 2013
Procedural Posture
Application / Application to Set Aside Costs Protection Order in Court of Appeal
Outcome
application refused
Legal Topics
Costs Protection, Unfair Dismissal, TUPE, Appeals
Employment Law Civil Procedure Costs Protection Unfair Dismissal TUPE Appeals

Source-derived case record

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Parties

The Manchester College

Appellant

Mrs C Hazel

Respondent

Mrs N Huggins

Respondent

Procedural Posture

Application / Application to Set Aside Costs Protection Order in Court of Appeal

Legal Issues

  1. 1 Whether there is a compelling reason to uphold costs protection for employees in appeal from EAT to Court of Appeal
  2. 2 Whether the Court of Appeal can impose conditions on permission to appeal after it has been granted
  3. 3 Applicability of new CPR rule 52.9A to costs protection

Ratio Decidendi

There is a compelling reason to uphold costs protection for the claimants, given their modest means, the risk of adverse costs, their prior success in 'no costs' jurisdictions, and the imminent applicability of CPR Rule 52.9A; the order achieves a level playing field and justice requires its maintenance.

Court Disposition

application refused

Orders

  • costs protection order of 7 January 2013 upheld
  • college may pursue appeal only on condition that, if successful, it does not apply for costs in the Court of Appeal