Description
Costs order made against applicant substituted for no order for costs due to respondent's failure to comply with CPR Pt 23.
The applicant, an employee, had been involved in a long running dispute with the respondent, her employer, and issued proceedings to enforce an award made by the employment tribunal. The respondent applied for a stay of enforcement to give it time to lodge an appeal. The applicant was not present at the hearing and was ordered to pay the costs of the respondent's stay application. The applicant contended that she had not been served with notice of respondent's intention to make the application as she was not in to sign for it when it arrived.
The court found that the applicant had given an adequate explanation of why she had not been able to sign for the letter when its delivery had been attempted. There had thus been a breach of CPR Pt 23 which should have been brought to the judge's attention. The respondent should have sought an adjournment to permit proper service. The costs order against the applicant was to be set aside, and substituted with no order for costs.
