header-logo header-logo

07 October 2010 / Rad Kohanzad
Issue: 7436 / Categories: Features , Procedure & practice , Costs
printer mail-detail

End of the no costs rule?

Rad Kohanzad reports on the upward trend to award costs in employment tribunals

Nicholson Highlandwear v Nicholson UKEATS/0058/09 is the latest in a trilogy of judgments that appear to indicate a worrying trend towards the awarding of costs in employment tribunals.

The history of this series of Employment Appeal Tribunal (EAT) decisions starts with the case of Daleside Nursing Home v Mathew UKEAT/0519/08; a case which sent a few ripples through the employment law community last year. In Daleside, at the heart of the claim was the contention that the respondent had called the claimant a black bitch. The tribunal found that that was not said, dismissed her discrimination claim, but refused an application for costs.

The EAT held that the fact that the central allegation was a lie necessarily involved a finding by the tribunal that it was a deliberate and cynical lie, which amounted to unreasonable behaviour. The EAT held that the failure to award costs was in the circumstances perverse.

The no costs rule

When judgment

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll