(sitting alone) Mr S Naik v Lothian Health Board — 2021

The claimant had originally brought proceedings including a claim for travel expenses, later accepted by the respondent as a breach of contract claim. The respondent admitted liability after the claim was characterised in that way and offered to pay the £712.50 originally sought. A later remedy judgment awarded £819.38, consisting of £712.50 for travel expenses and a 15% uplift of £106.38.

The claimant then applied for a preparation time order, saying the respondent had acted unreasonably by not admitting liability until 15 July 2020 and that the response had no reasonable prospect of success. The tribunal found the application was made 71 days after the final judgment was sent, outside the 28-day time limit, and that the claimant ought reasonably to have taken steps to identify the relevant time limit after previously being referred to the rules.

The tribunal found that the respondent had not acted vexatiously, abusively, disruptively or otherwise unreasonably, because it had defended the matter on the understanding that the claim was for unlawful deduction from wages and admitted liability once the misunderstanding was resolved. Although the tribunal accepted that the respondent's defence to the breach of contract complaint had no reasonable prospect of success, it declined to extend time or exercise discretion to make a preparation time order, noting the claimant had not provided the required breakdown of time spent on the breach of contract complaint and had later refused the offer to pay the amount originally sought.