Mr J Ramm v Home Office — 2022

The Claimant brought a disability discrimination claim which was prima facie out of time. A preliminary hearing was listed to decide jurisdiction and whether time should be extended on a just and equitable basis. After telling the Respondent on 12 May 2022 that he would not pursue the case through the courts, the Claimant did not formally withdraw the claim, did not respond to further correspondence, and did not attend the preliminary hearing. The Tribunal dismissed the claim upon withdrawal under Rule 52.

The Respondent applied for costs on the grounds of unreasonable conduct and no reasonable prospect of success. The Tribunal rejected the no reasonable prospect ground, finding that the out-of-time issue could not be determined without considering relevant facts and hearing from witnesses. It found, however, that the Claimant acted unreasonably after 12 May 2022 by not formally withdrawing, not complying with orders, ignoring correspondence, and not joining the hearing when asked.

The Tribunal decided it was just and proper to make a costs order, but found the Respondent's claimed costs of £19,739.10 excessive for a preliminary hearing on a time issue. It awarded Counsel's fee of £585.60 and one third of the remaining legal costs, producing a total costs order of £6,970.10 payable by the Claimant to the Respondent.