Eweida ruled too private

A protective costs order is not available in private litigation, the Court of Appeal has ruled in a high-profile religious discrimination claim.

In Eweida v British Airways a BA employee banned from wearing a visible cross with her uniform unsuccessfully brought a claim for religious discrimination and harassment against her employer.

She hoped to appeal to the Court of Appeal, and sought a protective costs order to protect her from having to pay the respondent’s costs.

However, the court unanimously ruled that such orders were only available in public law litigation.