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Record breakers

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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