Cases2202339/2020

Claimant v JCI Capital Ltd

5 March 2025Before Employment Judge A M SnelsonLondon Centralon papers

Outcome

Claimant fails

Facts

This is a reconsideration application concerning a costs judgment made against the claimant following the dismissal of his claims against the second, third and fourth respondents at a full merits hearing in February 2025. The claimant sought reconsideration on three grounds: that the costs application should have been deferred until written reasons were delivered, that the tribunal wrongly proceeded without considering his means, and that the costs award was excessive.

Decision

The tribunal refused the reconsideration application under rule 70(2) on the basis that there was no reasonable prospect of the costs judgment being varied or revoked. The judge found no substance in any of the three grounds raised and concluded that the application was effectively an attempt to run an entirely new case on costs contrary to the overriding objective and the principle of finality of litigation.

Practical note

Reconsideration applications concerning costs judgments will fail where they amount to attempts to rerun the costs arguments rather than identifying genuine errors of law or procedure warranting reconsideration.

Legal authorities cited

Outasight VB Ltd v Brown [2015] ICR D11Shaw v Intellectual Property Office UKEAT/0196/20TH White & Sons Ltd v Ms K White UKEAT/0022/21

Statutes

Employment Tribunals Rules of Procedure 2024, r68(1)Employment Tribunals Rules of Procedure 2024, r3Employment Tribunals Rules of Procedure 2024, r70(3)Employment Tribunals Rules of Procedure 2024, r70(2)

Case details

Case number
2202339/2020
Decision date
5 March 2025
Hearing type
reconsideration
Hearing days
10
Classification
procedural

Respondent

Sector
financial services
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
Yes
Rep type
solicitor