Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 2166/02

CLAIMANT: Miss Linda Penton

RESPONDENT: Northern Ireland Court Service

DECISION

The unanimous decision of the tribunal is that the claimant pay a sum of £4,300.00 costs to the respondent.

Appearances:

The claimant was represented by Ms K Quinn, Solicitor, of MacElhatton & Company, Solicitors.

The respondent was represented by Mr M Wolfe, Barrister-at-Law, instructed by The Crown Solicitor's Office.

1. The tribunal convened on 18 April 2005 to hear the claimant's case. It had been listed for hearing from 18 to 27 April 2005. The case was conducted by way of witness statements and as the cross-examination of the claimant was not completed on 18 April 2005, she was warned by the Vice President that she was under cross-examination and that she must not discuss the case with her legal team or witnesses before the tribunal reconvened on 20 April 2005. Counsel for the respondent stated he was made aware that a material irregularity had occurred on the evening of 19 April 2005 because the claimant had contacted her solicitors by e-mails that evening. As a result Counsel for the claimant was most concerned as to his further involvement in the case. He took further advice from his Professional Conduct Committee and felt obliged to withdraw from the case. As a result two days of hearing time was wasted and the case has to be re-listed in front of a new tribunal. The respondent stated that they were applying for costs and submitted a Bill of Costs to the tribunal and to the claimant's solicitors by letter dated 4 May 2005. The claimant's solicitors submitted a letter dated 23 May 2005 in which they took issue with various aspects of the Bill of Costs forwarded on that date. That was the argument which they advanced on the claimant's behalf before the tribunal today.
2. The tribunal is satisfied that the claimant's conduct was unreasonable. All parties were aware that the claimant was warned in open tribunal not to contact her advisers as she was still under cross-examination. The claimant is a person, who through her work experience, is fully aware of the procedures operated in courts and as the tribunal heard from her evidence she has worked in Magistrates Courts and is familiar with court procedures. However, she chose to ignore the warning she was given by this tribunal and in so doing disrupted the case which was being heard and the tribunal could not continue to hear any more of the case in the circumstances. The tribunal considers that this conduct of the claimant merits an award of costs because it was unreasonable conduct of proceedings under Rule 14(1) of Schedule 1 to the Industrial Tribunals (Constitution & Rules of Procedure) Regulations (Northern Ireland) 2005.

The respondent had claimed the sum of £7,974.66 excluding VAT.

3. The tribunal considered the various costs and the objections which had been made to them and has considered the sum that it considers to be a relevant specified sum. The solicitors and counsel's costs which were itemised at Paragraph 4 for both items have been disallowed as the tribunal does not consider it appropriate to award costs of preparation for a new hearing. We are looking at the costs which were incurred for the abandoned hearing. Similarly there is a sum of £1,700.00 sought for the attendance of Doctor McGread for a day in court. Apart from considering the sum to be excessive and without an actual itemised invoice in relation to it, the tribunal is not satisfied that the doctor was actually required to be in court for the day if he could have been on a call and hence done some other work. We are prepared to allow half of his fee at £850.00.
4. The total of costs is awarded as follows:-

Half of Doctor's fees £ 850.00

Fee for Counsel £1,450.00

Plus VAT £ 250.00

Solicitor's costs £1,750.00

Total £4,300.00

This amount is to be paid by the claimant to the respondent.

Vice President:

Date and place of hearing: 31 May 2005, Belfast

Date decision recorded in register and issued to parties: