Mr Khan brought numerous claims before the Employment Tribunal. A Case Management Discussion was held, Orders made and varied, and a pre-hearing review subsequently had to be adjourned since Mr Khan had not established all the information he needed to. An Employment Judge, although granting an adjournment, made a wasted costs order against Mr Khan of £1500. Mr Khan appealed against this order.
The EAT allowed his appeal. It concluded that the judge's decision was perverse based on the specific facts of the case and that there should have been no order as to costs.