Mr P Fitzgerald v Bristol Waste Company Limited — 2024

This judgment determined the Respondent's costs application under rule 76(1)(a) following a long and difficult procedural history that included four case management preliminary hearings. The Claimant's underlying complaints (unfair dismissal, public interest disclosure detriment, breach of contract and unlawful deductions from wages) had been dismissed under rule 47 on the first day of the final hearing after he failed to attend; an 'unless order' had been made on 11 October 2024 because the Claimant had not exchanged his witness statement on time, and the statement was eventually sent some 12 hours before the hearing was due to start.

Employment Judge Livesey found that the Claimant's behaviour in conducting the proceedings had been unreasonable in several respects, particularly his failure to exchange witness statements in accordance with directions he had agreed to and his non-attendance at the final hearing. The judge held that the threshold test in rule 76 was met and that it was appropriate to exercise discretion in the Respondent's favour. The Claimant's status as a litigant in person did not, in the judge's view, acquit him of the clear and repetitive breaches of case management orders.

As to quantum, the Respondent had incurred total costs of £38,422.80 but voluntarily limited its application to £20,000 to avoid a detailed assessment. The judge considered the proportion of costs attributable to the unreasonable conduct, declined counsel's suggestion of at least 50%, and instead fixed the figure at 33%, producing a total award of £12,807.60. The Claimant put no evidence of means before the Tribunal.