The Claimant lost all her claims against the Respondent and a costs order was made against her. She applied for a reconsideration of this order which was refused and she appealed against this decision. The Respondent agreed that the reconsideration application be heard by a different ET and the appeal was adjourned, but no re-listing of the application was made by the Claimant. The Claimant also appealed the assessment of costs which were in excess of £40,000 but asked if the appeal against this could be adjourned until the reconsideration hearing had taken place. The Respondent resiled from its earlier agreement and also withheld its consent to the adjournment of the second appeal in relation to the assessment os costs.

The EAT held that both parties were at fault and ordered the Respondent to pay three quarters of the costs for this appeal hearing.