Hagan v British Broadcasting Corporati... [2010] NIFET 00007_10FET (06 September 2010)

Hagan v British Broadcasting Corporati... [2010] NIFET 00007_10FET (06 September 2010)

The claimant did not conduct proceedings unreasonably; his withdrawal was a sensible litigation decision and does not justify a costs order.

Citation
[2010] NIFET 00007_10FET
Parties
Claimant: Philip James Hagan; First Named Respondent: British Broadcasting Corporation; Second Named Respondent: Gavin Poland; Third Named Respondent: Capita Business Services Limited
Jurisdiction
Northern Ireland
Judgment Date
06 September 2010
Procedural Posture
Fair Employment Tribunal Costs Application / Costs Hearing Post Withdrawal
Outcome
Application for costs refused
Legal Topics
Costs, Unreasonable Conduct, Withdrawal of Claim, Religious Discrimination
Employment Law Discrimination Law Costs Unreasonable Conduct Withdrawal of Claim Religious Discrimination

Case Brief

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Parties

Philip James Hagan

Claimant

British Broadcasting Corporation

First Named Respondent

Gavin Poland

Second Named Respondent

Capita Business Services Limited

Third Named Respondent

Procedural Posture

Fair Employment Tribunal Costs Application / Costs Hearing Post Withdrawal

Legal Issues

  1. 1 Whether the claimant acted unreasonably in the conduct of proceedings to justify a costs order
  2. 2 Whether withdrawal of claim constitutes unreasonable conduct

Ratio Decidendi

The claimant did not conduct proceedings unreasonably; his withdrawal was a sensible litigation decision and does not justify a costs order.

Court Disposition

Application for costs refused

Orders

  • No costs order made against claimant