Deman v. Victoria University of Manchester & Ors [2008] UKEAT 0211_06_2406 (24 June 2008)

Deman v. Victoria University of Manchester & Ors [2008] UKEAT 0211_06_2406 (24 June 2008)

The Tribunal was entitled to make a costs award of £8,000 against the claimant based on findings of vexatious, abusive, disruptive, and unreasonable conduct, and was not limited to the specific sum or basis set out in the Respondents' written application. The Tribunal properly exercised its discretion, considered both parties' conduct, and made a justified reduction for Respondents' faults.

Citation
[2008] UKEAT 0211_06_2406
Parties
Appellant: Mr S Deman; Respondents: Victoria University of Manchester and two professors
Jurisdiction
United Kingdom
Judgment Date
24 June 2008
Procedural Posture
Employment Appeal Tribunal Costs Appeal / Appeal Against Employment Tribunal Costs Order
Outcome
Appeal dismissed
Legal Topics
Costs Orders, Vexatious Litigation, Unreasonable Conduct, Employment Tribunal Procedure
Employment Law Civil Procedure Costs Orders Vexatious Litigation Unreasonable Conduct Employment Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mr S Deman

Appellant

Victoria University of Manchester and two professors

Respondents

Procedural Posture

Employment Appeal Tribunal Costs Appeal / Appeal Against Employment Tribunal Costs Order

Legal Issues

  1. 1 Whether the Employment Tribunal erred in awarding £8,000 costs against the claimant when the written application and schedule focused on a lower sum for a specific part of the proceedings
  2. 2 Whether a Tribunal may make a costs award outside the terms of the written application by the receiving party

Ratio Decidendi

The Tribunal was entitled to make a costs award of £8,000 against the claimant based on findings of vexatious, abusive, disruptive, and unreasonable conduct, and was not limited to the specific sum or basis set out in the Respondents' written application. The Tribunal properly exercised its discretion, considered both parties' conduct, and made a justified reduction for Respondents' faults.

Court Disposition

Appeal dismissed

Orders

  • Costs appeal dismissed; Employment Tribunal's order for £8,000 costs against Mr Deman stands.