Claimant v Ecoserv FM Group Limited
Outcome
Facts
The Claimant brought claims against the Respondent, which filed a response in May 2024. A final hearing listed for September 2024 was postponed at the Claimant's request. In January 2025, the Respondent's representative informed the tribunal the company was insolvent and they were no longer instructed. The Respondent then ceased all communication, failed to provide witness statements or documents, and did not attend the final hearing on 21 February 2025. Judgment was entered in favour of the Claimant, who then applied for costs.
Decision
The tribunal awarded costs of £3,028.90 (50% of the costs claimed) against the Respondent under Rule 74(2)(a) for unreasonable conduct and Rule 74(3) for breaching case management orders. While the Claimant also breached some orders, the Respondent's complete failure to engage from January 2025 onwards, including failing to file evidence and attend the hearing, warranted a costs award. The tribunal rejected the argument that the response had no reasonable prospect of success.
Practical note
Even where a respondent becomes insolvent and ceases engagement, tribunals will award costs for unreasonable conduct and breach of orders, though the amount may be reduced where the claimant has also failed to comply with directions.
Legal authorities cited
Statutes
Case details
- Case number
- 1400721/2024
- Decision date
- 28 February 2025
- Hearing type
- costs
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
- Rep type
- self
Claimant representation
- Represented
- No