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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

Signature Litigation—Catherine Naylor

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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