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

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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