Practice and Procedure – Costs – Following withdrawal of the Claimant’s claims part way through a substantive hearing, the Employment Tribunal dealt with a wasted costs application made against her legal representative by the Respondent. There was no adjournment to enable evidence to be prepared and the Employment Tribunal heard no evidence from the legal representative. The Employment Tribunal made a wasted costs order finding that the legal representative was negligent in relation to the Claimant’s disclosure obligations; this caused unnecessary costs; and it was just to make the order.
The appeal was allowed and the order set aside. The Employment Tribunal’s finding of negligence was in error in circumstances where privilege was not waived and it had no means of establishing what advice was given to the Claimant about disclosure. Further, the necessary element of breach of duty to the court was not considered by the Employment Tribunal. Finally, the causation finding was flawed by a failure to address the question whether the Claimant would have continued with the claim irrespective of any negative advice she received.
Citations:
[2018] UKEAT 0043 – 18 – 0105
Links:
Jurisdiction:
England and Wales
Employment
Updated: 28 May 2022; Ref: scu.625439