A costs judgment was made against the Claimant in the sum of £10,000. The Respondent applied for a reconsideration of the sum on account of the fact that the Claimant had misled the Tribunal as to his assets when he said that he had transferred his former matrimonial home into his wife's name when in fact he was still the registered proprietor. A costs order was made against the Claimant in the sum of £20,000. The Claimant appealed on the basis that the EJ should have, of her own motion, adjourned the hearing to await the outcome of related County Court proceedings.

The EAT dismissed the appeal. The EJ was aware of the County Court proceedings, but decided to proceed with the hearing. In the circumstances, she was entitled to do so.