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

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

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Bellevue Law—Sally Hall

Bellevue Law—Sally Hall

Employment boutique strengthens data protection and privacy offering with senior consultant hire

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
back-to-top-scroll