Oni v Unison (Practice and Procedure: Costs) [2015] UKEAT 0371_14_1702 (17 February 2015)

Oni v Unison (Practice and Procedure: Costs) [2015] UKEAT 0371_14_1702 (17 February 2015)

The Tribunal erred in law by assuming that a costs order should follow unreasonable conduct subject only to means, failing to exercise its discretion to consider all relevant circumstances before making a costs order.

Citation
[2015] UKEAT 0371_14_1702
Parties
Appellant/claimant: Mrs Oni; Respondent: Unison
Jurisdiction
United Kingdom
Judgment Date
17 February 2015
Procedural Posture
Employment Appeal Tribunal / Appeal Against Costs Order
Outcome
Appeal allowed; costs order set aside; matter remitted for reconsideration.
Legal Topics
Costs Orders, Tribunal Discretion, Unreasonable Conduct, Deposit Orders
Employment Law Civil Procedure Costs Orders Tribunal Discretion Unreasonable Conduct Deposit Orders

Case Brief

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Parties

Mrs Oni

Appellant/claimant

Unison

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Costs Order

Legal Issues

  1. 1 Did the Tribunal err in law by failing to exercise its discretion regarding costs after finding unreasonable conduct?
  2. 2 Should the Tribunal have considered all relevant circumstances, not just means, before making a costs order?

Ratio Decidendi

The Tribunal erred in law by assuming that a costs order should follow unreasonable conduct subject only to means, failing to exercise its discretion to consider all relevant circumstances before making a costs order.

Court Disposition

Appeal allowed; costs order set aside; matter remitted for reconsideration.

Orders

  • Remit to a freshly constituted Tribunal at London hearing centre to determine whether a costs order is appropriate and, if so, its form.
  • Original findings on unreasonable conduct and lack of prospects are binding on the remitted Tribunal.