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Hi,

 

I have to submit an appeal against a judgement - two claims struck out and a costs award.

 

The judgement itself was very brief (one page!) and there is no explanation as to how the level of costs were arrived at and how they relate to each claim.

 

I would hope to have this information for the EAT hearing, but am I entitled to ask the Tribunal for it?

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How long ago was it? You need to have asked for the reasons within 14 days if deferred, or at the time, if an oral judgment on the day. Ring up the tribunal first thing tomorrow and find out.

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Yes thanks, I'm within the time limit - I am quite concerned about getting the info. I am entitled too; so the question is how much info. should the Tribunal supply - i.e. reasons for costs with corresponding figures and costs split across the two claims - is that a reasonable expectation?

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A glance at the respondent's cost schedule will give you the clue. All the tribunal need do regarding costs is quote Rule X section 3 (b) or whatever it is, with brief reasons.

 

Court of Appeal authorities on ET Costs have established that these cannot be successfully appealed. However, you could perhaps get them reduced.

 

See: Barnsley Dean & Dean and Arrowsmith.

 

Your best hope is appealing the two strike outs and then costs won't apply if you go on to win.

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Thanks for the advice. Do I have to pay costs straightaway (after the tribunal decision) or do I wait for the result of an EAT appeal decision?

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