Claimant v Bidvest Noonan (UK) Limited
Outcome
Facts
The claimant applied to postpone a full merits hearing on 24 October 2024, only 6 days before the scheduled hearing dates of 30-31 October 2024. The claimant had booked flights to Thailand on 23 February 2024 but failed to inform the tribunal or obtain necessary permissions to give evidence from abroad. The respondent had already incurred counsel's brief fee of £3,500 plus VAT (£4,200 total) for the hearing.
Decision
The tribunal awarded costs of £4,200 against the claimant and his representative jointly and severally. The belated postponement application without the requisite 7 days notice, combined with the failure to obtain permissions to give evidence from abroad despite booking flights months earlier, constituted unreasonable conduct under Rule 76. Alternatively, the representative was liable for wasted costs under Rule 80 for failing to bring the matter to the tribunal's attention in advance.
Practical note
Parties and their representatives must give proper notice of postponement applications and cannot wait until days before a hearing to disclose pre-existing travel plans, or they risk substantial costs orders for wasted expenses.
Legal authorities cited
Statutes
Case details
- Case number
- 2221536/2024
- Decision date
- 13 June 2025
- Hearing type
- costs
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep