dsliva_natfheEAT2009
EAT PRACTICE AND PROCEDURE: Costs
The fact that an employment tribunal made an award of costs on the basis that the claim had been misconceived from the start did not support an allegation of bias against the tribunal.
An employment tribunal was entitled to make an award of costs notwithstanding that the chairman who had presided at the liability hearing had retired on the grounds of ill health and a new employment judge had been appointed to sit with the original lay members to hear the costs application.
In making an award of costs an employment tribunal was not obliged to enquire into the paying party’s means of its own motion where substantial submissions had been made as to costs but no argument about means had been raised.
[2009] UKEAT 0126 – 09 – 2907
Bailii
Employment, Costs
Updated: 10 November 2021; Ref: scu.377547