Costs award of £1,200 upheld after late claim withdrawal: reconsideration refused
A former employee who withdrew their claim shortly before a hearing was ordered to pay £1,200 in costs. The employer's bid to have the award reconsidered has been refused.
1 min read · Last updated 18 May 2026
Case details
- #costs
- #reconsideration
- #late-withdrawal
- #counsel-fee
Key facts
- The claimant withdrew the claim shortly before the hearing on 3 October 2022.
- The respondent applied for costs, seeking counsel's fee and solicitor's fees.
- The tribunal awarded £1,200 for counsel's fee only, not solicitor's fees.
- The respondent applied for reconsideration, arguing a mistake in calculation.
- The tribunal refused reconsideration, noting no reasonable prospect of variation.
Timeline
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Hearing due
A hearing was scheduled but the claimant withdrew the claim shortly before.
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Costs hearing
The tribunal heard the respondent's costs application and awarded £1,200.
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Judgment sent
The costs judgment was sent to the parties.
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Reconsideration application
The respondent applied for reconsideration of the costs judgment.
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Reconsideration decision
Employment Judge Hawksworth refused the reconsideration application.
The legal issue
Whether the employer's application for reconsideration of a costs award had a reasonable prospect of success, and whether it was necessary in the interests of justice to reconsider the original decision.
The outcome
The tribunal refused the employer's application for reconsideration of the costs judgment.
The key reason was that the application had no reasonable prospect of varying or revoking the original decision. The original costs award of £1,200 had been made after a hearing and was based on the counsel's fee incurred due to the late withdrawal.
No compensation breakdown is applicable as this was a costs application, not a damages award.
Lessons & takeaways
- If you withdraw a claim late, you may be ordered to pay the other side's costs, even if you are a litigant in person.
- Reconsideration is not an opportunity to re-argue a case or provide new evidence; it is only for correcting clear errors or where the interests of justice require.
- Applications for reconsideration must be made within 14 days of the judgment being sent, and must show a reasonable prospect of changing the decision.
- Employers should ensure their costs applications are fully supported by evidence at the original hearing, as later attempts to increase the amount are unlikely to succeed.
This case shows the limits of challenging a costs award after it has been made. The former employee withdrew their claim shortly before the final hearing, leaving the employer with wasted legal costs. The tribunal awarded £1,200 for the counsel's fee but refused to include solicitor's fees, a decision the employer later tried to overturn.
What the employer did wrong
The employer applied for reconsideration arguing a mistake in the calculation, but the tribunal found no error. The original decision had been made after a proper hearing, and the employer had not requested written reasons at the time. The reconsideration application was simply an attempt to reopen the matter without new grounds.
Why the result matters
Tribunals place a high value on finality. A party who is unhappy with a costs award must act quickly and show a clear error. Simply disagreeing with the amount is not enough. For employers, this means getting the evidence right first time – including detailed breakdowns of all costs – because a second bite at the cherry is rarely allowed.
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