Deposit order



In a weak case, a judge can order a party to pay a deposit, not exceeding £1,000, within 21 days or else the claim will be struck out (dismissed). A tribunal considering a deposit order must take into account a claimant’s ability to pay. Deposit orders must not be used to impede access to justice for low-waged claimants. Only a nominal amount, say £1, should be ordered where the evidence shows that a claimant cannot pay (Hemdan v Ismail [2016] UKEAT 0021/16/1011).



A tribunal must not make a deposit order just because a claimant’s case is unclear (Tree v South East Coastal Services Ambulance NHS Trust [2017] UKEAT/0043/17/LA).


A deposit order is a strong indicator that a claim is likely to fail, and urgent legal advice should be taken before carrying on. Even if the sum ordered is nominal, its purpose is the same, namely to signal to a litigant that their case is weak and that they are at risk of being ordered to pay the other side’s legal costs if they continue. A claimant who pursues a claim unreasonably after being warned by the tribunal that their case will probably fail is at high risk of a costs order (see page 467).