Haynes v Department for Business Innovation and Skills [2014] 3 Costs LR 475
![Willis v GWB Harthills LLP & Others [2025] EAT 79, His Honour Judge James Tayler, Rule 76 Employment Tribunal Rules 2013, Rule 84 Employment Tribunal Rules 2013, Rule 74 Employment Tribunal Rules 2024, Rule 82 Employment Tribunal Rules 2024, Stage 1 Threshold Conduct, Stage 2 Discretionary Decision, Stage 3 Quantum Decision, Ability to Pay, Costs Discretion, Unreasonable Conduct, Capital Assets in Costs Assessment, Family Home Valuation, Equity Release, Joint Ownership of Property, Detailed Assessment, Standard Basis, Profit Share Entitlement, PHI Payments, Costs Capping, Broad-Brush Assessment, Means Assessment, Proportionality of Costs, Discretionary Factors in Costs Awards, Effect on Third Parties, Honesty of Party, Costs Application Principles, Conduct of Proceedings, Stage 4 Bowel Cancer Context, Zoopla Valuation Evidence, Stage 3 Costs Quantum, Shields Automotive Ltd v Greig, Howman v The Queen Elizabeth Hospital Kings Lynn, Jilley v Birmingham and Solihull Mental Health NHS Trust, Arrowsmith v Nottingham Trent University [2012] ICR 159, Vaughan v London Borough of Lewisham (No 2) [2013] IRLR 713, Doyle v North West London Hospitals NHS Trust, County Court Detailed Assessment, Costs Decision in Employment Tribunals](https://tmclegal.co.uk/wp-content/uploads/2025/06/Shutterstock_351049592-80x80.webp)
Haynes v Department for Business Innovation and Skills [2014] 3 Costs LR 475
36. I have posed to myself this thought experiment in order to test the legal principles: what would the position have been had the claimant obtained deemed costs orders against one or more additional defendants? In my view, in such circumstances – at least as regards the non-specific generic costs currently under scrutiny – the claimant would be entitled to orders against each defendant on a 100% basis leaving it to those defendants to contest issues of apportionment. True it is that as a matter of convenience or pragmatism the costs judge would in most cases choose to divide those costs according to the number of defendants, on the assumption that all of them are solvent, but that does not affect the correct legal analysis.
