header-logo header-logo

Recovery position

11 May 2012 / Michael Salter , Chris Bryden
Issue: 7513 / Categories: Features , Tribunals , Costs , Employment
printer mail-detail

Chris Bryden & Michael Salter consider tactics for the recovery of costs in employment cases

The award of costs is governed by r 40 of the Employment Tribunals Rules of Procedure, which provide a discretion to award costs where “the paying party has in bringing the proceedings, or he or his representative has in conducting the proceedings, acted vexatiously, abusively, disruptively or otherwise unreasonably, or the bringing or conducting of the proceedings by the paying party has been misconceived”. The rule is widely drawn and, since its amendment on 6 April 2012, allows a tribunal to award up to £20,000 of costs, to award such sum as the parties agree, or to send the costs to the county court to be assessed if the likely sum is higher than the upper limit it is allowed to award. By r 41(2), the tribunal may (but does not have to) have regard to the paying party’s “ability to pay”, both in determining the principle,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll