The Claimants lodged claims, through a firm of solicitors, for arrears of holiday pay and for awards in respect of unlawful inducements relating to collective bargaining under section 145B of the TULR(C)A 1992. The claims were struck out and the Claimants and the solicitor's firm were ordered to pay a proportion of the Respondent's costs because of unreasonable conduct. The Claimants and firm appealed.

The EAT allowed the appeal (which was not contested). Ordinary and Wasted Costs Orders were made in disregard of the well-established principles that apply to such Orders and without giving adequate reasons. The Judgment was neither accessible nor public in consequence.