Law digests: 5 February 2021

Costs

Kuwait Oil Co v Al-Tarkait [2020] EWCA Civ 1752, [2021] All ER (D) 25 (Jan)

In dismissing the appellant company’s appeal against a costs order of the Employment Tribunal (ET), which had capped the costs that could have been awarded to the appellant following a detailed costs assessment to a maximum of the total sum of compensation and costs that had been awarded to the respondent as part of the proceedings, the Court of Appeal, Civil Division, upheld the ET’s costs order and found that rr 78(1)(b) and 84 of the ET Rules of Procedure contained in Sch 1 to the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 (the Regulations) (SI 2013/1237) read together had permitted a tribunal to order a detailed assessment of costs, while at the same time restricting the maximum sum of any such award by placing a cap on the final award by reference to the paying party’s ability to pay.

Damages

R (on the application of Norman and others) v Crown Court at Chelmsford and another