Colletti v Borealis Driver Services Ltd: EAT 18 May 2016

EAT Practice and Procedure: Costs – The Claimant succeeded in the majority although not all of his claims. It was necessary for him to pursue his appeals. Fees of andpound;2,400 had been incurred. Portnykh v Nomura International Plc UKEAT/0448/13 and Look Ahead Housing v Chetty [2015] ICR 375 considered. The way in which the Claimant conducted proceeding before the Employment Judge was not relevant to the costs ordered under Employment Appeal Tribunal Rules 1993 Rule 34A(2A). Costs in the sum of andpound;1,800 subject to offset to be paid to the Claimant under Rule 34A(2A). Basildon and Thurrock NHS Trust v Weerasinghe [2016] ICR 305 applied. Claimant’s application for costs under Rule 34A(1) dismissed. Claimant to pay the Respondents’ costs in the sum of andpound;1,250 under Rule 34A(1) in respect of unreasonable conduct of proceedings in pursuing an unsustainable allegation of appearance of bias. Respondents to pay the Claimant andpound;550.

Slade DBE J
[2016] UKEAT 0204 – 15 – 1805
Bailii
England and Wales

Employment

Updated: 17 January 2022; Ref: scu.565124