Coles v National Trust [1998] UKEAT 27_98_2807 (28 July 1998)

Coles v National Trust [1998] UKEAT 27_98_2807 (28 July 1998)

The Industrial Tribunal's reasons for finding vexatious conduct and for the amount of the costs order were inadequate; the matter must be remitted for reconsideration with proper reasons.

Citation
[1998] UKEAT 27_98_2807
Parties
Appellant: Mr Coles; Respondent: National Trust
Jurisdiction
United Kingdom
Judgment Date
28 July 1998
Procedural Posture
Appeal / Judgment on Appeal Against Costs Order
Outcome
Appeal allowed to the extent of remitting the costs issue for reconsideration.
Legal Topics
Disability Discrimination, Costs Orders, Industrial Tribunal Procedure
Employment Law Discrimination Law Disability Discrimination Costs Orders Industrial Tribunal Procedure

Case Brief

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Parties

Mr Coles

Appellant

National Trust

Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Costs Order

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in ordering costs against the appellant on the basis of vexatious conduct
  2. 2 Whether adequate reasons were given for the costs order and its amount

Ratio Decidendi

The Industrial Tribunal's reasons for finding vexatious conduct and for the amount of the costs order were inadequate; the matter must be remitted for reconsideration with proper reasons.

Court Disposition

Appeal allowed to the extent of remitting the costs issue for reconsideration.

Orders

  • The question of costs is remitted to the Industrial Tribunal for reconsideration in light of this judgment and the Marler decision.
  • The Industrial Tribunal must provide proper reasons for any costs order made on reconsideration.