France v. Khan & Ors (Costs) [2018] UKEAT 0104_17_1303 (13 March 2018)

The Respondents' unreasonable conduct in resiling from a consent order and withholding consent to adjournment warrants a costs order under Rule 34A, but the Claimant also bears partial responsibility for failing to relist the matter; therefore, Respondents are ordered to pay three quarters of the costs.

Citation: [2018] UKEAT 0104_17_1303
Parties: Appellant: Claimant; Respondents: Respondents
Jurisdiction: United Kingdom
Judgment Date: 13 March 2018
Procedural Posture: Employment Appeal Tribunal Costs Appeal / Post Hearing Costs Determination
Outcome: Costs order granted against Respondents
Legal Topics: Costs, Adjournment, Consent Orders, Unreasonable Conduct

Employment Law Civil Procedure Costs Adjournment Consent Orders Unreasonable Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Claimant

Appellant

Respondents

Procedural Posture

Employment Appeal Tribunal Costs Appeal / Post Hearing Costs Determination

Legal Issues

1 Whether the Respondents acted unreasonably in resiling from a consent order and withholding consent to adjournment
2 Whether the Claimant failed to take proper steps to relist reconsideration before the Employment Tribunal
3 Appropriateness of costs order under Rule 34A

Ratio Decidendi

Court Disposition

Costs order granted against Respondents

Orders

Respondents to pay three quarters of the summarily assessed costs of the hearing before the EAT on 13 March 2018