Claimant v Evolve Housing + Support
Outcome
Facts
This is a costs judgment following a successful EAT appeal by the claimant against a strike-out order. The claimant's original claim had been struck out by EJ Klimov in June 2022 for scandalous, vexatious, and unreasonable conduct. The respondents applied for costs based on the same conduct. The EAT reinstated the claim on 1 February 2024, finding the strike-out was an error of law, but agreed the claimant's conduct had been unreasonable. This hearing determined the stayed costs application.
Decision
The tribunal awarded costs of £11,323 against the claimant, payable by 5 August 2024. Despite the EAT overturning the strike-out, the tribunal found the claimant's conduct was extremely serious, vexatious, and unreasonable, forcing the respondents to incur unnecessary legal costs. The claimant's vindictive campaign weaponised the proceedings and caused substantial delay. Although personally of modest means, the claimant's wife earns £92,000 per annum and the household could meet the award.
Practical note
Even where a strike-out is overturned on appeal, a costs order against a claimant for vexatious and unreasonable conduct can still be justified if the conduct forced the respondent to incur unnecessary legal costs, notwithstanding that the strike-out application itself ultimately failed.
Legal authorities cited
Statutes
Case details
- Case number
- 2207740/2020
- Decision date
- 17 February 2025
- Hearing type
- costs
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No