Saka v. Fitzroy Robinson Ltd [2000] UKEAT 241_00_1606 (16 June 2000)

Saka v. Fitzroy Robinson Ltd [2000] UKEAT 241_00_1606 (16 June 2000)

There is an arguable point of law as to whether the Tribunal erred in awarding costs without a prior costs warning or strike-out, and in its interpretation of the evidence as supporting a finding of frivolous, vexatious or unreasonable conduct.

Citation
[2000] UKEAT 241_00_1606
Parties
Appellant: Mr Saka; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
16 June 2000
Procedural Posture
Employment Appeal / Preliminary Hearing on Appeal Against Costs Order
Outcome
Appeal to proceed to full hearing on the identified point of law.
Legal Topics
Race Discrimination, Costs Orders, Frivolous or Vexatious Claims
Employment Law Race Discrimination Costs Orders Frivolous or Vexatious Claims

Case Brief

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Parties

Mr Saka

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing on Appeal Against Costs Order

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in awarding costs on the basis that the claim was frivolous, vexatious or unreasonable without a prior costs warning or strike-out application.

Ratio Decidendi

There is an arguable point of law as to whether the Tribunal erred in awarding costs without a prior costs warning or strike-out, and in its interpretation of the evidence as supporting a finding of frivolous, vexatious or unreasonable conduct.

Court Disposition

Appeal to proceed to full hearing on the identified point of law.

Orders

  • Appeal listed for half a day to consider the single issue regarding the costs order.