EAT PRACTICE AND PROCEDURE – Costs
Discrimination claim withdrawn – Judge awards Rs 100% of their costs, not on the basis that the claim had been misconceived or unreasonably pursued from the start but because he held that C had lied in two specific respects in the course of the introductory processes prior to the withdrawal
Held, allowing the appeal, that in the absence of any reasons to suppose that the lies in question either caused any loss or demonstrated that the claim was misconceived no award was justified – McPherson v BNP Paribas discussed.
Underhill P J
[2010] UKEAT 0231 – 10 – 0812, [2012] IRLR 78
Bailii
England and Wales
Citing:
Cited – McPherson v BNP Paribas SA (London Branch) CA 14-May-2004
The claimant withdrew his claim in the Employment Tribunal. By then, his employer had incurred very substantial legal costs. He appealed against the order for costs against him.
Held: The tribunal had wrongly asked whether the withdrawal of . .
Cited – Lodwick v London Borough of Southwark CA 18-Mar-2004
The claimant alleged bias on the part of the employment appeal tribunal chairman hearing his appeal. The chairman refused to stand down, saying that he was only one of three tribunal members with an equal vote. The chairman had four year’s . .
Cited – Nicolson Highlandwear Ltd v Nicolson EAT 23-Jun-2010
EAT PRACTICE AND PROCEDURE – Costs
Employment Tribunal refused to award expenses to Respondent notwithstanding having found that the Claimant’s dismissal was on account of what the Tribunal found could be . .
Cited – Dunedin Canmore Housing Association Ltd v Donaldson EAT 8-Jul-2009
EAT PRACTICE AND PROCEDURE: Costs
Tribunal refused to award expenses where it dismissed claimant’s contractual claim. Claim was based on the claimant’s assertion that she had not breached the . .
Cited – Daleside Nursing Home Ltd v Mathew EAT 18-Feb-2009
EAT PRACTICE AND PROCEDURE: Costs
Where at the heart of a claim is an explicit lie alleging racial abuse, the Employment Tribunal was in error failing to find that the Claimant acted unreasonably in . .
Cited by:
Cited – AQ Ltd v Holden EAT 16-Apr-2012
EAT PRACTICE AND PROCEDURE – Costs
Challenge on various grounds to the Tribunal’s decision to refuse the successful employer’s application for costs at the end of a full hearing. Held – the Tribunal did not . .
Cited – Raggett v John Lewis Plc EAT 17-Aug-2012
raggett_lewisEAT2012
EAT PRACTICE AND PROCEDURE – Costs
In determining the amount of costs to be awarded having decided that the bringing of an unfair dismissal claim was misconceived and that a costs order should be made . .
Appeal from – Solihull Metropolitan Borough Council v Hickin SC 25-Jul-2012
The claimant’s parents were secure joint tenants. After her father left, the mother later died. The respondent served a notice on the father terminating the tenancy since as the survivor and not resident, he was not entitled to continue the tenancy. . .
Cited – Vaughan v London Borough of Lewisham and Others (Practice and Procedure : Costs) EAT 6-Jun-2013
EAT Practice and Procedure : Costs – Tribunal orders that Appellant should pay Respondents one-third of their costs (estimated prior to assessment at andpound;260,000) on the basis that the claim was misconceived . .
Lists of cited by and citing cases may be incomplete.
Employment, Costs
Updated: 01 November 2021; Ref: scu.427311
