Flint v Coventry University (Practice and Procedure : Costs) [2014] UKEAT 0147_14_0909 (09 September 2014)

Flint v Coventry University (Practice and Procedure : Costs) [2014] UKEAT 0147_14_0909 (09 September 2014)

The Employment Tribunal, having decided that the claimant's means were relevant, failed to properly consider the evidence regarding his ability to pay, relied on irrelevant or outdated material, and reached a perverse conclusion. The costs order could not stand and must be remitted for reconsideration.

Citation
[2014] UKEAT 0147_14_0909
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
09 September 2014
Procedural Posture
Employment Appeal Tribunal / Appeal Against Employment Tribunal Costs Order
Outcome
Appeal allowed; costs order set aside; matter remitted to Employment Tribunal for reconsideration.
Legal Topics
Costs, Tribunal Procedure, Discretion, Ability to Pay
Employment Law Civil Procedure Costs Tribunal Procedure Discretion Ability to Pay

Case Brief

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Employment Tribunal Costs Order

Legal Issues

  1. 1 Whether the Employment Tribunal properly considered the claimant's means and ability to pay when making a costs order
  2. 2 Whether the Tribunal's decision was perverse or based on irrelevant/insufficient evidence

Ratio Decidendi

The Employment Tribunal, having decided that the claimant's means were relevant, failed to properly consider the evidence regarding his ability to pay, relied on irrelevant or outdated material, and reached a perverse conclusion. The costs order could not stand and must be remitted for reconsideration.

Court Disposition

Appeal allowed; costs order set aside; matter remitted to Employment Tribunal for reconsideration.

Orders

  • The appeal is allowed.
  • The costs order of £9,000 is set aside.