EAT Practice and Procedure : Costs – Costs orders were made against both the C and her rep following dismissal of her claims. Appeals were brought against both orders. Both appeals allowed and costs applications remitted to same ET.
On order against C, ET had not considered whether an order was ‘appropriate’ or given C an opportunity to put forward evidence and representations on her means.
On order against her rep, ET had found him negligent in failing to advise the claims be abandoned on the basis of a waiver of privilege by C and his failure to present evidence of advice given but no such waiver was clear and the rep had not been invited to present evidence himself; further, the ET made no finding as to the effect of any such negligence; and the ET found that the claim was brought on the initiative of the rep on the same flawed basis as their finding of negligence.
Shanks J
[2014] UKEAT 0425 – 13 – 3103
Bailii
England and Wales
Employment
Updated: 02 December 2021; Ref: scu.523368