Claimant v Scottish Police Authority
Outcome
Facts
The respondent applied for expenses of £1,423.50 plus VAT after the claimant's postponement application made less than seven days before a 5-day hearing scheduled for 10-14 February 2025 was granted. The claimant had been hospitalized in late January 2025, and his solicitor Ms Bowman alerted the tribunal and respondent on 29 January 2025 of the likelihood of a postponement application, formally applying on 4 February 2025 once medical evidence was obtained.
Decision
The tribunal refused the respondent's application for expenses. Judge MacLean exercised her discretion under rule 74(2)(c), finding that the claimant and his solicitor had acted reasonably and diligently in keeping all parties informed, that the application was not unexpected, and that an earlier application would likely still have been opposed by the respondent.
Practical note
Tribunals retain discretion to refuse expenses orders even where rule 74(2)(c) applies, particularly where the party seeking postponement has acted diligently to inform all parties and the late application was due to awaiting necessary medical evidence.
Legal authorities cited
Statutes
Case details
- Case number
- 4104454/2023
- Decision date
- 21 March 2025
- Hearing type
- costs
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- solicitor