The Claimant made a claim against the Respondent who failed to lodge their ET3 in time. They were given extra time to do this. The Claimant applied for this decision to be set aside and to have a default judgment made in his favour. His application failed and he appealed, arguing that he had not had proper opportunity to respond to the Respondent’s application. The Respondent conceded the appeal but the Claimant persisted in putting forward a draft order which asked for rather more than a simple order providing that the appeal is allowed and for remittal. The Claimant did not attend the appeal hearing.

The EAT allowed the appeal, which of course had been conceded by the Respondent, but also awarded costs against the Claimant as the hearing before them was completely unnecessary.