Source: All England Reporter
Publisher Citation: [2002] All ER (D) 350 (Oct)
Neutral Citation: [2002] EWCA Civ 1479
Court: Court of Appeal, Civil Division

Simon Brown, Sedley and Scott Baker LJJ

Representation JCT Kelly of Ferdinand Kelly, Birmingham for the applicant.
  Andrew Hochhauser QC (instructed by Mace & Jones, Liverpool) for the respondent.
Judgment Dates: 24 October 2002


Employment - Employment tribunal - Costs - Adverse costs order warning - Appropriateness.

The Case

An employment tribunal should only make costs warnings where there was a real risk that an order for costs would be made against an unsuccessful applicant at the end of the hearing. It had to be particularly careful not to place unfair pressure on a litigant in person who, unlike a party who was legally represented, had no opportunity for his representative to put any remarks by the tribunal in context by explaining the circumstances in which a tribunal was entitled to make a costs order.

Practice Areas

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