The Claimant in the original proceedings appealed against the costs order against him in the sum of £5,000 for the Respondent’s costs of proceedings (the actual costs amounted to £20,000). The amount had been calculated having regard to the Claimant's remaining disposable income after his outgoings had been assessed. The Claimant appealed on the basis that his disposable income had been incorrectly assessed and that his outgoings were in fact double what the ET had thought they were.

The EAT allowed the appeal as the ET's error was material and held that it would be appropriate for the parties to have the opportunity of written submissions to the ET, with any updated financial circumstances and any supporting evidence on finances.