HCA International Ltd v May- Bheemul (Practice and Procedure : Costs) [2011] UKEAT 0477_10_2303 (23 March 2011)

HCA International Ltd v May- Bheemul (Practice and Procedure : Costs) [2011] UKEAT 0477_10_2303 (23 March 2011)

No error of law or perversity was disclosed in the Tribunal's refusal to award costs. The Claimant's conduct was not found to be unreasonable or misconceived, and the Tribunal's reasoning was unimpeachable. Costs remain discretionary and do not follow merely from failure to establish central allegations.

Source-derived case information.

Citation
[2011] UKEAT 0477_10_2303
Parties
Appellant: HCA International; Respondent: Ms S Steinhardt
Jurisdiction
United Kingdom
Judgment Date
23 March 2011
Procedural Posture
Employment Appeal / Full Hearing of Appeal
Outcome
appeal dismissed
Legal Topics
Costs, Protected Disclosures, Constructive Unfair Dismissal, Detriment, Unreasonable Conduct
Employment Law Practice and Procedure Costs Protected Disclosures Constructive Unfair Dismissal Detriment Unreasonable Conduct

Source-derived case record

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 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

HCA International

Appellant

Ms S Steinhardt

Respondent

Procedural Posture

Employment Appeal / Full Hearing of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by refusing to award costs against the Claimant after dismissal of her claims
  2. 2 Whether the Tribunal's reasoning was perverse or insufficient
  3. 3 Whether the Tribunal took into account irrelevant considerations

Ratio Decidendi

No error of law or perversity was disclosed in the Tribunal's refusal to award costs. The Claimant's conduct was not found to be unreasonable or misconceived, and the Tribunal's reasoning was unimpeachable. Costs remain discretionary and do not follow merely from failure to establish central allegations.

Court Disposition

appeal dismissed

Orders

  • No order for costs against the Claimant
  • Tribunal's decision affirmed