Gill v Humanware Europe Plc

Gill v Humanware Europe Plc

The EAT erred by determining the wasted costs application against Miss Twine without an oral hearing despite a conflict of evidence and her explicit request for a hearing. The findings of improper conduct and the wasted costs order must be set aside as causation was not established and the procedure was unfair.

Source-derived case information.

Parties
Applicant: Toni Gill; Respondent: Humanware Europe PLC
Jurisdiction
England and Wales
Judgment Date
03 February 2010
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Wasted Costs, Apparent Bias, Fair Hearing, Causation, Procedural Fairness
Employment Law Civil Procedure Wasted Costs Apparent Bias Fair Hearing Causation Procedural Fairness

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Parties

Toni Gill

Applicant

Humanware Europe PLC

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Employment Appeal Tribunal erred in making a wasted costs order against counsel without an oral hearing
  2. 2 Whether improper conduct by counsel caused wasted costs
  3. 3 Whether the procedure adopted by the EAT was fair

Ratio Decidendi

The EAT erred by determining the wasted costs application against Miss Twine without an oral hearing despite a conflict of evidence and her explicit request for a hearing. The findings of improper conduct and the wasted costs order must be set aside as causation was not established and the procedure was unfair.

Court Disposition

appeal allowed

Orders

  • The wasted costs order and findings of improper conduct against Miss Twine are set aside.
  • The application for wasted costs is not remitted for rehearing.