The Claimant, who was recently bereaved, made a claim to the ET but was fearful of a costs claim that might be made against him. He wrote to the ET and asked what level a likely costs award might be made to inform him as to whether or not to withdraw his claim. Several other emails/letters were exchanged between the ET and the Claimant, some of which crossed, resulting in confused correspondence. The ET eventually ruled that the Claimant had unequivocally withdrawn his claims and therefore made an order dismissing his claims. The Claimant appealed, saying that he had not unequivocally withdrawn his claims and that they therefore should not have been dismissed.

The EAT allowed the appeal. The dismissal judgment was made in error of law. On a proper analysis of all the relevant correspondence and circumstances, including the fact that the Claimant was recently bereaved and in fear of costs, the only decision that could have been reached was that there was not an unequivocal withdrawal.