Duffy v POA [2009] NIIT 1065_06IT (09 January 2009)

Duffy v POA [2009] NIIT 1065_06IT (09 January 2009)

The Tribunal adopted the parties' settlement as its decision, ordering the claimant to pay £850 to the respondent in full and final settlement of the respondent's application for costs based on alleged unreasonable conduct.

Citation
[2009] NIIT 1065_06IT
Parties
Claimant: Mr James Duffy; Respondent: POA
Jurisdiction
Northern Ireland
Judgment Date
09 January 2009
Procedural Posture
Industrial Tribunal / Decision on Costs Following Settlement
Outcome
settled; costs order by consent
Legal Topics
Costs, Unreasonable Conduct, Settlement, Industrial Tribunal Procedure
Employment Law Costs Unreasonable Conduct Settlement Industrial Tribunal Procedure

Case Brief

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Parties

Mr James Duffy

Claimant

POA

Respondent

Procedural Posture

Industrial Tribunal / Decision on Costs Following Settlement

Legal Issues

  1. 1 Whether the claimant's conduct was unreasonable warranting a costs order under Rule 40(3) of the 2005 Rules
  2. 2 Whether the parties' settlement on costs should be made a decision of the Tribunal

Ratio Decidendi

The Tribunal adopted the parties' settlement as its decision, ordering the claimant to pay £850 to the respondent in full and final settlement of the respondent's application for costs based on alleged unreasonable conduct.

Court Disposition

settled; costs order by consent

Orders

  • The claimant shall pay £850 (inclusive of VAT) to the respondent's representative by cheque on or before 23 February 2009.
  • The respondent's representative shall confirm receipt and withdrawal of the application for costs to the Tribunal office.