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18 October 2013 / Charles Pigott
Issue: 7580 / Categories: Features , Employment
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Record breakers

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 Charles Pigott explains how, in certain circumstances, costs awards are undeniably on the up

Employment tribunals’ general discretionary power to award costs has not substantially changed in recent years. Both the 2004 rules of procedure, and the 2013 rules which replaced them in July 2013, broadly speaking impose the same test. To be exposed to the risk of a costs order the paying party must either have conducted the proceedings unreasonably, or have brought or defended proceedings with no reasonable prospects of success. Since 2004, tribunals have had the power to consider the ability to pay, and will invariably do so where a substantial order for costs is being considered.

What has changed is the value of costs orders a tribunal may make without referring them to the county court for detailed assessment. For many years the limit stood at £10,000, but was increased to £20,000 in April 2012. In consultation about the 2013 rules, the government proposed to remove the limit entirely, but in the end this idea has not been implemented—at least for

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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