EAT Practice and Procedure : Costs – Expenses. The claimant withdrew all claims the day before a Pre Hearing Review at which time bar and disablement were to be discussed. He did so because he was concerned that despite having a case which he had been advised was arguable, he might have lost the case and be ordered to pay expenses.
The respondent argued that the claimant’s conduct had been unreasonable, and sought an order of expenses. The EJ refused to make an award, holding that the claimant had not acted unreasonably.
The respondent appealed.
Held : appeal dismissed. The EJ was entitled to reach the decision to refuse to make an award. He did not err in law in doing so.
Stacey J
[2014] UKEAT 0006 – 14 – 2705
Bailii
England and Wales
Employment
Updated: 16 December 2021; Ref: scu.534234