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England and Wales decisions
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The Tribunal ordered HMRC to pay the appellant’s costs on the standard basis after withdrawal, but directed detailed assessment rather than summary assessment.
The Employment Appeal Tribunal refused appeals against a costs order and reconsideration decision after finding the claimant knowingly gave untrue information about his employment status.
Late costs applications were refused as seriously out of time, with no good reason shown, and part of the application was struck out for lack of authority.
The First-tier Tribunal dismissed Ms Clark’s costs application, holding it lacked jurisdiction to award costs for pre-appeal conduct and that HMRC’s post-appeal conduct was not unreasonable.
Although Mr Sagar acted unreasonably to a limited extent in persisting with the appeal after HMRC clarified its position and in his uncooperative approach to Tribunal directions, the unreasonable conduct was minor and did not warrant an award of costs. The Tribunal exercised its discretion to refuse the costs application, weighing the limited impact of the unreasonable conduct and the context of the proceedings.
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HMRC's withdrawal 14 minutes before skeleton argument deadline, without adequate explanation, constituted unreasonable conduct to a high degree, justifying indemnity costs; interim payment of £400,000 awarded.
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Y v X (Costs) [2026] EWFC 35 (B) (11 February 2026)
Costs judgment in private child arrangements proceedings. The court disallowed some of the mother’s solicitors’ costs and made a limited wasted costs award against them.
The EAT dismissed an appeal against a £20,000 costs order, holding that the tribunal had correctly applied rule 76, given adequate reasons, and could proceed in the claimant’s absence.
The appellant's conduct in the hardship proceedings was unreasonable, including failure to comply with directions, delayed disclosure, and withholding relevant documents until the eve of hearing. Costs jurisdiction applies to hardship proceedings initiated on 22 April 2024, not to pre-hardship conduct. HMRC is awarded costs for the period 22 April 2024 to 29 May 2025, summarily assessed at £3,151.80.
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Only costs reasonably incurred and incidental to the appeal, attributable to HMRC's unreasonable delay in withdrawing after technical advice, are recoverable. The majority of the appellant's claimed costs were excessive, unrelated, or predated the appeal. No uplift is justified. A summary award of £2,000 is fair and proportionate.
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