208 Sussex Gardens Ltd v Bakr

EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 3 March 1998 Before

JUDGE BYRT QC: This is an ex parte application for an adjournment of a case which is due for an adjourned hearing tomorrow. Initially the proceedings began on 25 November before the Industrial Tribunal at London (North) and was then adjourned. We know not as to when the date of 4th and 5th March was fixed. In any event it is due for further hearing tomorrow and the day after.

Mr Saadoon says that he still has no papers concerning the case and therefore would be in no position to instruct Counsel if Counsel did attend. It appears that the relationship between the Respondents and their former solicitors has broken down, owing to a disagreement about fees. The issue between them only came to light at the end of last week as the result of advice of their accountants.

There is then the issue of costs. By allowing the appeal we hope that there will be a time and opportunity to prevent the Respondent's representative attending court. That will save some costs. But at the end of the day there probably will be additional costs thrown away by this adjournment.

There is a plea by letter from the Respondent's solicitors that we make a stringent order for costs as the price of granting this adjournment. We think that it would be wrong to do that in view of the fact that Mr Saadoon is able to tell us so very little about the circumstances of this case and the background to the application for the adjournment. So, in consequence, we propose to make no order at this time, save to reserve all issues of costs thrown away by this adjournment to the Industrial Tribunal which eventually hears the adjourned hearing.