Mr K Statham v Oldham Council — 2019

This was a costs judgment by Employment Judge Franey dated 23 October 2019. The tribunal ordered Oldham Council to pay Mr K Statham £954.80 in respect of costs incurred because the hearing on 19 July 2019 had been postponed. The judge said the power to award costs had arisen and treated the earlier case management order as incorporated into the reasons.

The claimant had sought £1,831.67 plus VAT at 20%. The tribunal considered written representations from both sides and did not hold a separate hearing on quantum. It concluded that not all of the claimed work should be allowed because some of it would have been useful for the resumed hearing listed for 17 September 2019 and was therefore not wasted by the adjournment.

The tribunal disallowed time spent on the substantive skeleton argument and on consideration of the bundle, reduced the first item to 30 minutes, and disallowed some time spent between Ms Murray and Mr Norman where it exceeded a reasonable figure for discussing an adjournment. On that summary assessment, the recoverable costs were fixed at £795.67 plus VAT, making £954.80 in total.

The judgment also records that, because the 17 September hearing was cancelled, the parties had not yet agreed a list of issues based on amended claim and response forms. The claimant was directed to provide a suggested list of issues without delay, with an agreed version and chronology to be lodged by 4pm on 20 November 2019.