Michalak v University of Leeds - Costs order must include express finding as to how Rule 40 is satisfied [2009] EAT

When making a costs order, a tribunal must make an express finding of the subject matter under Rule 40 that is the reason for the order.

An employment tribunal struck out Dr Michalak's claims against Leeds University. The University's lawyers had written to Dr Michalak beforehand, setting out that they considered her claim to be "misguided", and that she should seek professional advice. The letter (described in the EAT as "not threatening but realistic") invited her to withdraw her claim and warned that costs would be sought were it struck out. Accordingly, Dr Michalak having continued with the case and this having happened, the employment tribunal considered the question of costs.

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