Doyle v North West London Hospitals NHS Trust (Practice and Procedure : Costs) [2012] UKEAT 0271_11_0404 (04 April 2012)

Doyle v North West London Hospitals NHS Trust (Practice and Procedure : Costs) [2012] UKEAT 0271_11_0404 (04 April 2012)

The Tribunal erred in law by failing to raise and consider the Appellant's ability to pay before making a substantial costs order, despite the Appellant being legally represented, given the amount involved and circumstances.

Citation
[2012] UKEAT 0271_11_0404
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
04 April 2012
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Costs Orders, Ability to Pay, Misconceived Claims, Unreasonable Conduct
Employment Law Civil Procedure Costs Orders Ability to Pay Misconceived Claims Unreasonable Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal erred in law by ordering the Appellant to pay the whole costs of proceedings based on conduct
  2. 2 Whether the Tribunal erred in law by failing to consider the Appellant's ability to pay before making a substantial costs order

Ratio Decidendi

The Tribunal erred in law by failing to raise and consider the Appellant's ability to pay before making a substantial costs order, despite the Appellant being legally represented, given the amount involved and circumstances.

Court Disposition

appeal allowed

Orders

  • Tribunal's costs order set aside
  • Matter remitted to same Tribunal to reconsider costs order after reasonable enquiries into Appellant's means