costs
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Smith v Greenwich Council & Ors UKEAT/0113/10/JOJ
Appeal against two rulings by the ET: 1) that the claimant had withdrawn his claims under the ET rule 28 and 2) a costs order of £10,000 against the claimant. Both appeals allowed: re-hearing ordered before a different Tribunal, costs order set aside.
- cases
25/11/2010 17:30
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Agbodo v Hertfordshire County Council [2010] EWCA Civ 1234
Application to appeal a decision by the EAT, dismissing claims that the ET had been biased and had limited the basis of the claimant's race discrimination claim before the Tribunal such that important parts of the claim were not dealt with. Application refused.
- cases
05/11/2010 15:20
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Chris Dickens T/A Chris Dickens Solicitors v Virdee UKEAT/0195/10/ZT
Appeal against finding of unfair constructive dismissal. Not only did the EAT agree with the ET that the respondent breached the implied term of trust, and the claimant resigned for that reason, they also awarded costs against the respondent because he did not attend the appeal hearing, and the claimant would not have instructed counsel if she had known.
- cases
05/10/2010 16:17
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Clarke v Zurich UK General Services Ltd UKEAT/0184/10/DA
Appeal against a costs order made against the claimant who lost her claim of unfair dismissal. The claimant had been dismissed for her part in imprisoning a private investigator. The EAT ruled that the Employment Tribunal was entitled on the evidence before it to conclude that the claimant had participated in the unlawful detention of the private investigator, although there was evidence before the Employment Tribunal that supported the claimant’s case. The weighing up of conflicting evidence was a matter solely for the Employment Tribunal and complaints as to its findings did not (in the absence of perversity) raise any point of law. Appeal dismissed.
- cases
10/09/2010 11:45
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Nicolson Highlandwear Ltd v Nicolson UKEATS/0058/09/BI
Appeal by the respondent against a decision by the Employment Tribunal that the claimant had not acted unreasonably by pursuing his claim for unfair dismissal and subsequently that no expenses should be awarded to the respondent. Appeal allowed.
- cases
19/07/2010 11:40
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Gill v Humanware Europe PLC [2010] EWCA Civ 799
Appeal against decision of the EAT which made a wasted costs order against counsel representing the respondent in the Employment Tribunal. Appeal allowed.
- cases
19/07/2010 10:24
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Graham's Garden Machinery Ltd v Warne UKEAT/0155/10/DM
Appeal against the Tribunal’s decision not to revoke or review a ruling refusing to extend time to file the respondent’s ET3. Appeal succeeded and the matter remitted back to the Tribunal to decide on the question of whether to extend time. The claimant’s application for costs, on the basis that the appeal would not have been necessary had the respondent produced the correct evidence before the Tribunal, was refused.
- cases
01/06/2010 16:51
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Botham v Ministry of Defence [2010] EWHC 646 (QB)
Judgment concerning liability in claim for breach of employment contract where the claimant had been dismissed for gross misconduct and where he had also claimed in the Employment Tribunal. Claim dismissed.
- cases
01/04/2010 16:23
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Agbodo v Hertfordshire County Council UKEAT/0243/09/JOJ
Appeal against decision to dismiss complaint of direct race discrimination, and against a costs order made in favour of the respondent. Appeal dismissed.
- cases
01/03/2010 17:56
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Bascetta & Anor v Abbey National Plc [2010] EWCA Civ 62
Linked applications for permission to appeal decisions by EAT to dismiss their appeal and a refusal to review that decision. Permission refused.
- cases
12/02/2010 16:58
