Claimant v Alison Acton (an Environmental Health Officer of Trafford Council) — 2019

Mr Thomas Davin appealed under section 24(2) of the Health and Safety at Work etc Act 1974 against a prohibition notice issued by Ms Alison Acton, an Environmental Health Officer employed by Trafford Council, on 25 September 2019. The notice related to the condition of wooden stables at Ashton Hall Equestrian Centre in Sale. Trafford Council later reported, after a further visit on 25 October 2019, that it considered the prohibition notice had been complied with.

On the evening of 4 November 2019 Mr Davin emailed saying that he wished to withdraw the appeal. The email was not sent to the tribunal’s correct email address, but it was copied to Ms Acton and forwarded to the council’s solicitor the next morning. Mr Davin did not attend the hearing on 5 November 2019. The tribunal concluded that the final hearing was no longer required and ordered that the appeal be dismissed on withdrawal, with that judgment to take effect 21 days after it was sent unless Mr Davin confirmed in writing that he did not want it to take effect.

At the hearing the respondent applied for costs in relation to attendance on 5 November 2019. The application was said to rely on rule 76(1)(a), on the basis that the late withdrawal was disruptive or otherwise unreasonable. The costs claimed were £144 for the solicitor, £1,200 for counsel and £158 for witness expenses, totalling £1,502. The tribunal said the application appeared well-founded but deferred any decision for 21 days so that Mr Davin could respond, and it also noted the possibility of a further costs application for the whole case under rule 76(1)(b) on the basis that the appeal had no reasonable prospect of success.