Did not appear For the v Livewell Southwest CIC — 2025

The Claimant brought claims for unfair dismissal and direct race discrimination. Following a case management hearing before EJ Roper on 12 April 2024, a preliminary hearing was listed to consider whether the claims were in time or had no reasonable prospect of success. After a postponement granted at the Claimant's request, the relisted hearing took place on 7 December 2023. The Claimant did not attend and provided no explanation, and the claim was struck out pursuant to Rules 47 and 37(c) and (d) of the Employment Procedure Rules on the basis that the Claimant had not attended, had not complied with Tribunal Rules, and had not actively pursued her claim.

The Respondent applied for costs of £22,472.75, supported by a time ledger. The Claimant did not respond to the application, did not seek to review or appeal the strike-out order, and did not attend the costs hearing on 10 February 2024. Applying Rule 74 and the three-stage approach in Radia v Jefferies International Limited UKEAT/0007/18, the Judge declined to make a costs order on the 'no reasonable prospects' ground (the claim having been struck out on procedural grounds instead) but found the Claimant's conduct to have been unreasonable, objectively viewed, because she had effectively abandoned the claim without notifying the Tribunal or the Respondent, putting the Respondent to expense.

Exercising discretion, the Judge gave the Claimant some leeway as a litigant in person and did not take means into account (the Claimant having given no indication of her means). Costs of approximately £3,800 relating to the period before 12 April 2024 were excluded, and the Judge had regard to the use of multiple fee earners and time charged for attendance alongside counsel. The Judge ordered the Claimant to pay the Respondent's costs in the sum of £18,000 (inclusive of VAT) by 10 March 2025.