header-logo header-logo

17 November 2011
Issue: 7490 / Categories: Case law , Law reports , In Court
printer mail-detail

Costs—Employment tribunal—Unreasonable conduct of proceedings

Yerrakalva v Barnsley Metropolitan Borough Council [2011] EWCA Civ 1255, [2011] All ER (D) 39 (Nov)

 

Court of Appeal, Civil Division, Mummery, Patten LJJ and Sir Henry Brooke, 3 Nov 2011

The judgment in McPherson v BNP Paribas (London Branch) [2004] EWCA Civ 569, [2004] 3 All ER 266 had never been intended to re-write r 40 within Sch 1 to the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2004 (SI 2004/1861), or to add a gloss to it. 
 
Antony Sendall (instructed by HLW Commercial Lawyers LLP) for the employee. Edward Legard (instructed by Barnsley MBC Legal Services Division) for the employer.

The claimant was employed by the defendant local authority. In August 2005, she brought race, sex and disability discrimination claims and a victimisation claim against the authority. She presented a second claim in 2006. She alleged that she was physically disabled as a result of injuries in an accident at the school in 2003. The authority disputed liability. The sex discrimination claim was withdrawn
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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll