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Neafsey v Small & Others - Wasted costs order [2010] EAT

A Wasted Costs Order that is inadequately reasoned cannot stand.

This was an appeal by a solicitor - Mr Neafsey, sole principal of TSP Legal - against a Wasted Costs Order. Mr Neafsey acted for Mr Small in  two Employment Tribunal (mainly race and disability discrimination) cases Mr Small brought against Reading Borough Council, a Mr Jones (a trade union representative) and against Unite the Union.  A pre-hearing review was unsatisfactory and an Employment Judge found that this entirely the fault of Mr Neafsey's fault and ordered him to pay £2,500 in wasted costs using powers under Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, Sch.1, Rule 48.

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