Miss

[Guest]

Hi, I'm wondering if I can get some advice from one of your members.
I lost my tribunal case during last year against my employer, it was a very long, stressful and exhausting experience for myself as I represented myself during a 4 day trial.* *
The respondents solicitor filed for a costs application against myself for a considerable amount.

I have been through the mill with this case and I'm not in any position to seek legal advice to help with my defence against a further tribunal case for the costs application.

The hearing of this costs application is due in the next few weeks, I've since recieved an email from the respondents solicitor, "Without prejudice -*Given the dramatic impact the Covid 19 pandemic has had, our Client has reconsidered its position regarding its costs application and is prepared to withdraw its application on the basis that both parties will be liable for their own costs.

Firstly, I'm confused by the wording...Without Prejudice, if I agree to their withdrawal of the case for the costs, would this still give them an option to resurface this claim in the future to proceed this claim for costs against myself through other channels.


Secondly, I represented myself throughout this long process, I had no costs involved, when the respondant refer to "both parties will be liable for their own costs, would this make myself liable for any hidden costs that I'm not aware of either by the tribunal service or by the defendants solicitor.

This whole process has been exhausting and at times through my case, I wished I had not proceeded my case which is something i couldnt stand by as I felt so strongly aggrieved by how I was treated during my employment.

Whilst I wished that I had saught a legal representation during early stages of my case, as this may well have given myself a fighting chance against the legal jargon their representatives gave throughout which I feel ultimately swayed the decision, i know deep down who won this fight and I held my head up high and adhered to all aspects of my claim proceedings through a grueling period on my own, I gave it my all and whilst the result never favoured myself, I was the real winner of this decision by taking such a large organisation through their paces and some tense times I can imagine with my evidence and findings.

I would like to know how I can best respond to the respondents request to withdraw their claim for costs,*
Whist I'm prepared to put myself back through the misery of sitting through the case at tribunal to clear my name of their costs application on strong grounds that I complied thoroughly throughout my case management, I am realistic to resought to agree to disagree and end amicably the case proceedings of the fact that this case can not resurface at a later stage.


I look forward to any help and advice you can provide myself.


Kindest Regards*

Miss
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[Law Student 1]

Hello

Thank you for getting in touch.

"Without prejudice" simply means that, if you go to court later regarding the dispute referred to in the letter, you cannot produce the letter in court to use it against the writer. Correspondence marked 'without prejudice' can only be shown to the court if both parties agree.

I believe "on the basis that both parties will be liable for their own costs" is used to explicitly*state the terms. These words were likely used to make the terms of the offer of agreement clear.

From the last proceedings, were you expecting to be awarded any costs to cover your own expense in the hearing of costs?

The statement 'without prejudice save as to costs' is often used in employment tribunals before the Judge has made their final decision, and a settlement is made (yet costs will still need to be paid).

In your case, however, this phrase is being used to include costs and following the concluded case which you said took place last year. Therefore, it is likely to be an agreement to end all case proceedings at this uncertain and unprecedented time.



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[ULA]

On your second point about your costs, potentially what the solicitor is referring to are your preparation time costs. Even as a litigant in person a judge could make a preparation time order which would allow you to claim for the number of hours you spent preparing your case at a rate of £40 per hour. So effectively they are proposing is that neither party will make a claim against the other for their costs.
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