Olatunji v Network Rail Infrastructure Ltd (Practice and Procedure : Costs) [2012] UKEAT 0553_11_1009 (10 September 2012)

Olatunji v Network Rail Infrastructure Ltd (Practice and Procedure : Costs) [2012] UKEAT 0553_11_1009 (10 September 2012)

The Tribunal erred by failing to consider the Claimant's ability to pay and not providing reasons for its costs order; the appeal is allowed and the costs order is reduced to £750 based on the Claimant's financial circumstances.

Citation
[2012] UKEAT 0553_11_1009
Parties
Claimant: Miss Olatunji; Respondent: Network Rail Infrastructure Ltd
Jurisdiction
United Kingdom
Judgment Date
10 September 2012
Procedural Posture
Employment Tribunal Appeal / Appeal Judgment
Outcome
Appeal allowed in part; original costs order set aside and replaced.
Legal Topics
Costs Orders, Ability to Pay, Strike Out, Unreasonable Conduct
Employment Law Costs Costs Orders Ability to Pay Strike Out Unreasonable Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Miss Olatunji

Claimant

Network Rail Infrastructure Ltd

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in failing to consider the Claimant's ability to pay when making a costs order
  2. 2 Whether the Claimant provided sufficient reasons to avoid a costs order

Ratio Decidendi

The Tribunal erred by failing to consider the Claimant's ability to pay and not providing reasons for its costs order; the appeal is allowed and the costs order is reduced to £750 based on the Claimant's financial circumstances.

Court Disposition

Appeal allowed in part; original costs order set aside and replaced.

Orders

  • Claimant to pay Respondent £750 in costs by 10 March 2013