A WARNING FOR CLAIMANTS... DON'T BE A JOKER!

This month we were intrigued to read about the case of Stephen Lwanga v Atkinsrealis Ltd, in which the Claimant not only lost his case, but was also ordered to pay a contribution to the company’s legal fees – to the tune of £12,500 - because of his unreasonable and inappropriate conduct during the Tribunal proceedings.
 
Mr Lwanga had issued several race discrimination claims against the company,  but he was unable - at any point during the litigation - to particularise the facts supporting these claims i.e he was unable to explain what his case was all about. Not only that, but during the hearing, Mr Lwanga appeared to demonstrate a complete lack of respect for the Tribunal process, Judge, and witnesses.  He made numerous allegations about the company, all of which he was unable to evidence, including claims that the company had falsified documents and had conspired against him. He turned his back on the Judge whilst he was speaking, and spoke over him, and appeared to try and intimidate witnesses by starring at them. Then, whilst the Judgment was delivered, he sat playing Solitaire with a deck of cards right in front of the Judge!
 
Once the Judgment had been delivered, the company made an application for costs in the sum of £12,500. The Tribunal subsequently ordered Mr Lwanga to pay 100% of these costs, using their discretion (on account of how bad his conduct had been) not to make an allowance for his limited means (ability to pay).
 
Whilst cost orders like this are rare, the Tribunal does have the power to make these orders where a Claimant has acted ‘vexatiously, abusively, disruptively or otherwise unreasonably’ in the proceedings, or if they have continued with their claim when it clearly had no reasonable prospect of success. So, it is always worth considering whether to apply for costs when you successfully defend a claim. Indeed, we have managed to secure costs for our respondent clients on numerous occasions. It is, however, important to put Claimants on notice as early as possible in the proceedings that you will be seeking such an order if they continue to behave in a certain way and / or continue with their unmeritorious litigation and go on to lose their case. On the odd occasion, this can be enough on its own to persuade a half-hearted claimant to withdraw their claim.