Mr S Ghufoor v Mazars LLP — 2021

This was a costs judgment concerning Mr S Ghufoor's application of 7 July 2021 for specific disclosure and an unless order. Employment Judge Jones had previously ordered the respondent to pay the claimant's costs of that application on summary assessment. Employment Judge Crosfill treated that earlier order as reflecting a finding that the respondent had failed to comply with disclosure orders, so that the respondent's conduct was unreasonable for the purposes of rule 76(1)(a) of the Employment Tribunals Rules of Procedure 2013.

The claimant's solicitors initially sought £6,078, but the respondent objected to the schedule. The tribunal allowed the costs only to the extent it considered them reasonable and proportionate. It accepted 1 hour for review of counsel's draft application, 20 minutes for preparing the costs schedule, 1 hour for correspondence, and 40 minutes for telephone calls/attendance, finding some duplication and excessive time claimed for a straightforward application.

Counsel's fees of £2,005 were allowed in full. The tribunal added VAT, producing a subtotal of £3,025 plus £605 VAT and a final award of £3,630. The judge said the award was compensatory and not punitive, and concluded that the costs allowed were reasonably incurred, reasonable in amount, and proportionate.