Claimant v The Tavistock and Portman NHS Foundation Trust

Outcome

Facts

The claimant brought a claim including whistleblowing against the NHS Trust and represented herself. The claimant withdrew her claim on 9 July 2024, the day before a scheduled 9-day final hearing, stating her mental health had deteriorated. The respondent applied for costs on the basis the claimant had misled them about whether she had prepared a new witness statement and had acted unreasonably in the period 1-9 July 2024. The claimant had Complex Post Traumatic Stress Disorder and had booked time off work to attend the hearing, genuinely believing she had a strong case.

Decision

The tribunal refused the respondent's costs application, finding that while the claimant had behaved unreasonably by misleading the respondent about having prepared a new witness statement, it would not be appropriate to exercise discretion to award costs. The tribunal took into account that the claimant was unrepresented, had mental health difficulties, genuinely intended to pursue her claim until her health deteriorated, and that the effect of the unreasonable conduct was less serious than initially appeared because the respondent's brief fee had already been incurred. The claimant's own costs applications were also refused as they were out of time and did not meet the legal criteria.

Practical note

Legal authorities cited