Dr B Ganji v London South Bank University UPON THE CLAIMANT’S APPLICATION made by letter dated 18 July 2022 to reconsider the — 2023

This was a paper reconsideration under rules 70 and 73 of the Employment Tribunals Rules 2013 of a costs order dated 1 July 2022. The claimant applied by letter dated 18 July 2022 to revisit the order requiring him to pay the respondent’s costs. The tribunal first indicated that there were no grounds to reconsider the making of the order in principle, but that the amount could be considered. It then received written representations from both parties and decided that a hearing was not required in the interests of justice because the issue was the claimant’s ability to pay and he had already been given ample opportunity to set out his position and provide documents.

The claimant produced bank statements and other information about his finances. The tribunal accepted that some matters were supported, including that his advance account was close to its overdraft limit, that he had limited balances in savings accounts, and that he had continued to make mortgage payments in the latter half of 2022. However, other assertions were not substantiated, including inability to service pre-existing debts and mortgage payments, and the asserted need for State benefits. The tribunal noted that there was no documentary support for some of the claimant’s claims and that he had not explained why the financial material had not been produced earlier.

The respondent submitted that reconsideration was not justified, relying on finality of litigation and the fact that the tribunal had already reduced the costs figure from £8,000 to £4,000 after taking the claimant’s means into account. After reviewing the papers, the tribunal held that the later evidence did not make a significant difference to its assessment of means, that there was still a realistic prospect that the claimant might be able to pay in future, and that it would not be in the interests of justice to reduce the order further. The original costs order was therefore confirmed and the sum payable remained £4,000.