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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

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

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IP firm promotes patent attorney to partner

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Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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