Verma v. Harrogate & District NHS Foundation Trust & Anor [2009] UKEAT 0155_09_2105 (21 May 2009)

Verma v. Harrogate & District NHS Foundation Trust & Anor [2009] UKEAT 0155_09_2105 (21 May 2009)

It was illogical and legally perverse to award counsel's fee but not solicitors' costs for the Pre-Hearing Review; the Claimant is entitled to recover reasonable costs incurred by both counsel and solicitors.

Citation
[2009] UKEAT 0155_09_2105
Parties
Claimant: Dr Verma; First Respondent: Harrogate & District NHS Foundation Trust; Second Respondent: Mrs Jenny Mockford
Jurisdiction
United Kingdom
Judgment Date
21 May 2009
Procedural Posture
Employment Appeal Tribunal / Appeal Against Partial Costs Order Following Pre Hearing Review
Outcome
Appeal allowed
Legal Topics
Costs Assessment, Strike Out Applications, Case Management, Unfair Dismissal, Discrimination
Employment Law Costs Costs Assessment Strike Out Applications Case Management Unfair Dismissal Discrimination

Case Brief

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Parties

Dr Verma

Claimant

Harrogate & District NHS Foundation Trust

First Respondent

Mrs Jenny Mockford

Second Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Partial Costs Order Following Pre Hearing Review

Legal Issues

  1. 1 Whether it was legally perverse to award counsel's fee but not solicitors' costs
  2. 2 Appropriateness of costs order following a hopeless strike-out application

Ratio Decidendi

It was illogical and legally perverse to award counsel's fee but not solicitors' costs for the Pre-Hearing Review; the Claimant is entitled to recover reasonable costs incurred by both counsel and solicitors.

Court Disposition

Appeal allowed

Orders

  • Respondents to pay Claimant's reasonable costs of and occasioned by the Pre-Hearing Review, including counsel and solicitors' fees.
  • Respondents to pay Claimant's costs in the appeal in the sum of £4,954 plus VAT.