This was a decision of the tribunal on costs after the substantive case was ruled out of time and also that the tribunal had no jurisdiction in the matter. 

The respondent’s solicitors had written to the claimant’s solicitors notifying them of their belief that the claimant was pursuing his claim in an ‘unreasonable and vexatious manner’ and that a refusal to withdraw the claim would result in a claim for recovery of costs. 

The tribunal considered, the meaning of ‘vexatious’ and ‘unreasonable’ and reminded itself of the exceptional nature of such an order due the inherent element of ‘bad faith’ that must be proved. The tribunal also referred to itself of the proper procedure it must follow as laid