Cost order

[Happypie]

Hi,
I have filed unfair dismissal and race discrimination claim against my previous employer.
His solicitor has warned me that they will bring cost order when my case fails. However he didn't say anything about cost order in PH.
When would I know that I might have to pay their leagl cost? So I can decide if I want to pursue further or not? Is there a deadline for them to bring this cost order?

2nd question is, they have legal cover and not paying anything from their pocket. Can they still bring cost order even if they didn't hire and pay lawyer themselves?

Thanks.

[Chilly]

To the best of my knowledge only the Tribunal can order you to pay costs.
The respondents solicitor in my own case sent a couple of communications suggesting that if i didnt do X they were going to do Y .....
I would just say its tactics to put you off.

Good luck , stay strong.

[starwarsfan]

I have had the same saying their solicitor will apply for costs order of 12-15k , only the judge can order this and from what I've read its a legal threat and nothing to be over concerned about.

Main point is proving your case beyond reasonable doubt.

[ULA]

A party can apply for a costs but it is the Tribunal that will make the decision. I have seen it being used by a respondent as a tactic however there are other circumstances where a Tribunal may make a costs or preparation time order and shall consider to do so where it considers that:-

1. A party or their representative has acted vexatiously, abusively, disruptively, or otherwise unreasonably in the bringing or conducting of the proceedings, or a part of them.
2. Any claim made in the proceedings by a party had no reasonable prospect of success.

A Tribunal may also make a costs order where either of the following apply:-

1. A party has been in breach of any order or practice direction
2. A hearing has been postponed or adjourned on the application of a party.

[Happypie]

Thanks others and ula. Thats helpful.
however I want to know specifically if there is a deadline for it and can respondent ask for legal costs even if they have got legal cover and not paid anything for legal service.
thanks once again.

[ULA]

What is likely to happen is that you will receive a costs warning from the other side and they can do this at any time in the process and also issue more than one costs warning. Often, it will be only after judgment has been given by the tribunal that the respondent may decide to pursue an application for costs – even where they have made an earlier costs warning. In those circumstances, the deadline for making a costs application is 28 days from the date the judgment is sent to the parties.

It may depend on the insurer as to whether any costs recovered have to go back to them as part of the policy terms.