Messrs Caesar & Howie v Cosgrove [2003] UKEAT 0022_02_2701 (27 January 2003)

Messrs Caesar & Howie v Cosgrove [2003] UKEAT 0022_02_2701 (27 January 2003)

The Tribunal exercised its discretion to award the applicant one half of the expenses for the second hearing before the Tribunal, due to the late raising of a decisive legal point by the employer which caused unnecessary expense.

Citation
[2003] UKEAT 0022_02_2701
Parties
Applicant: Applicant (EATS/0022/02); Respondent: Respondent; Appellant: Appellant (EATS/0023/02); Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
27 January 2003
Procedural Posture
Application for Review / Post Appeal, Expenses Determination
Outcome
Applicant entitled to one half of expenses for the second hearing before the Tribunal; leave to appeal granted
Legal Topics
Disability Discrimination, Expenses, Review, Remedy
Employment Law Discrimination Law Disability Discrimination Expenses Review Remedy

Case Brief

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Parties

Applicant (EATS/0022/02)

Applicant

Respondent

Respondent

Appellant (EATS/0023/02)

Appellant

Respondents

Respondent

Procedural Posture

Application for Review / Post Appeal, Expenses Determination

Legal Issues

  1. 1 Whether the applicant is entitled to expenses due to late raising of a decisive legal point by the employer
  2. 2 Whether unnecessary or unreasonable expense was incurred by the applicant

Ratio Decidendi

The Tribunal exercised its discretion to award the applicant one half of the expenses for the second hearing before the Tribunal, due to the late raising of a decisive legal point by the employer which caused unnecessary expense.

Court Disposition

Applicant entitled to one half of expenses for the second hearing before the Tribunal; leave to appeal granted

Orders

  • Applicant awarded one half of expenses for the second hearing before the Tribunal
  • Leave to appeal to the Court of Session granted