Claimant v Edgware Capital Limited (trading as Bang Bang Oriental Foodhall)

Outcome

Facts

The claimant saw a job advertisement which he believed was discriminatory and sued 'Bang Bang Oriental Foodhall' (trading name of Edgware Capital Limited). The respondent denied placing the advert, stating it was the landlord of a food hall and that one of its tenants, Yaki Ya! Ltd, had placed the advert. A preliminary hearing determined the first respondent did not place the advert. Yaki Ya! Ltd was then added as second respondent. The first respondent applied for costs arguing the claim had no reasonable prospect of success and the claimant should have known this.

Decision

The tribunal refused the costs application. Judge Quill found it was not unreasonable for the claimant, as a litigant in person, to continue the claim against the first respondent until disclosure and witness statements clarified matters. There was a genuine factual dispute about who placed the advert, and the claimant had reasonable grounds to suspect the first respondent was responsible based on its website and initial response. The costs application therefore failed.

Practical note

Legal authorities cited