Robinson & Anor v Hall Gregory Recruitment Ltd (Practice and Procedure : Costs) [2014] UKEAT 0425_13_3103 (31 March 2014)

Robinson & Anor v Hall Gregory Recruitment Ltd (Practice and Procedure : Costs) [2014] UKEAT 0425_13_3103 (31 March 2014)

The Tribunal erred by failing to consider whether a costs order against the Claimant was appropriate and by not giving her an opportunity to present evidence on her means. The Tribunal also erred in making a wasted costs order against her solicitor without proper findings on negligence, causation, and privilege waiver, and without giving him an opportunity to present evidence. Both costs orders were set aside and remitted for reconsideration.

Citation
[2014] UKEAT 0425_13_3103
Parties
Claimant: Miss E Robinson; Solicitor for Claimant / Appellant: Mr O Ojo; Solicitors for Claimant: Taylor Wood Solicitors; Respondent: Hall Gregory Recruitment Ltd
Jurisdiction
United Kingdom
Judgment Date
31 March 2014
Procedural Posture
Employment Tribunal Appeal / Appeal Against Costs Orders Following Dismissal of Claims
Outcome
Both appeals allowed; costs orders set aside and remitted for reconsideration by the same Tribunal.
Legal Topics
Costs Orders, Wasted Costs, Unreasonable Conduct, Privilege Waiver, Tribunal Procedure
Employment Law Civil Procedure Costs Orders Wasted Costs Unreasonable Conduct Privilege Waiver Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Miss E Robinson

Claimant

Mr O Ojo

Solicitor for Claimant / Appellant

Taylor Wood Solicitors

Solicitors for Claimant

Hall Gregory Recruitment Ltd

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Against Costs Orders Following Dismissal of Claims

Legal Issues

  1. 1 Whether the Employment Tribunal erred in making a costs order against the Claimant without considering appropriateness and means or giving opportunity for representations
  2. 2 Whether the Tribunal erred in making a wasted costs order against the Claimant's solicitor without proper findings on negligence, causation, and privilege waiver

Ratio Decidendi

The Tribunal erred by failing to consider whether a costs order against the Claimant was appropriate and by not giving her an opportunity to present evidence on her means. The Tribunal also erred in making a wasted costs order against her solicitor without proper findings on negligence, causation, and privilege waiver, and without giving him an opportunity to present evidence. Both costs orders were set aside and remitted for reconsideration.

Court Disposition

Both appeals allowed; costs orders set aside and remitted for reconsideration by the same Tribunal.

Orders

  • Appeals by Claimant and solicitor allowed
  • Costs applications remitted to same Employment Tribunal for reconsideration