EAT Practice and Procedure: Costs – 1. Although reference was made to the possibility of a payment on divorce being available to discharge a costs award, it was not a material consideration in the decision to award costs which was principally based on the Claimant’s age and the likelihood that she would earn sufficient in the rest of her working life to pay such an award.
2. Further, there was no error in the failure to reduce the costs award in light of the Claimant’s more serious debt position, since no precise estimate of what was affordable had been made, and the award amounted to less than a third of the costs incurred by the Respondent in defending the unreasonably pursued, false claim of race discrimination.
3. Accordingly the appeal failed.
Simpler J
[2015] UKEAT 0259 – 14 – 1902
Bailii
England and Wales
Employment
Updated: 29 December 2021; Ref: scu.545903
