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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Gill v Humanware Europe Plc  EWCA Civ 799 (03 February 2010)
Cite as:  EWCA Civ 799,  IRLR 877,  ICR 1343
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ON APPEAL FROM THE EMPLOYMENT APPEAL TRIBUNAL
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE LONGMORE
LADY JUSTICE SMITH
|- and -
HUMANWARE EUROPE PLC
WordWave International Limited
A Merrill Communications Company
165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
Mr S Keen appeared pro bono on behalf of the Respondent.
Crown Copyright ©
Lady Justice Smith:
"When they are put together, as they must be in considering the question of apparent bias, the claimant's case is correct."
"…either because of the unfair procedure adopted in relation to the two incidents or because of the errors of law in excluding evidence relevant to the last straw."
The case was remitted for hearing by another tribunal.
"We trust that these submissions are of assistance and that the Court will decide now that no order should be made so that the application can be dismissed on paper. If despite these submissions the Court wishes to consider the matter further, then our client should like the matter to be considered at a hearing, not on the papers. Our client wishes to be represented by counsel at such a hearing"
"1) The Appeal Tribunal may make a wasted costs order against a party's representative;
3) 'Wasted costs' means any costs incurred by a party (including the representative's own client and any party who does not have a legal representative)–
(a) as a result of any improper, unreasonable or negligent act or omission on the part of any representative; or
(b) which, in the light of any such act or omission occurring after they were incurred, the Appeal Tribunal considers it reasonable to expect that party to pay.
5. Before making a wasted costs order, the Appeal Tribunal shall give the representative a reasonable opportunity to make oral or written representations as to reasons why such an order should not be made. The Appeal Tribunal may also have regard to the representative's ability to pay when considering whether it shall make a wasted costs order or how much that order should be."
"Save in the clearest case, applications against the lawyers acting for an opposing party are unlikely to be apt for summary determination, since any hearing to investigate the conduct of a complex action is itself likely to be expensive and time-consuming. The desirability of compensating litigating parties who have been put to unnecessary expense by the unjustified conduct of their opponents' lawyers is, without doubt, an important public interest, but it is, as the Court of Appeal pointed out in Ridehalgh at page 226, only one of the public interests which have to be considered."
Lord Justice Longmore:
Order: Appeal allowed