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Serial litigants at risk of paying costs

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The EAT has dismissed four appeals by alleged serial litigant John Berry.

Mr Berry was the subject of a fairly damning article in The Times earlier this year. He is in his 50s, and apparently scours the internet for job adverts calling for a 'recent school leaver' or suchlike, brings an age discrimination claim and - in the vast majority of cases - the employer settles for a few thousand pounds to avoid litigation.

Underhill P, sitting in the EAT, has dismissed four appeals by Mr Berry. Whilst making it clear that he was not in a position to assess Mr Berry's motivation in bringing his claims (Mr Berry not having attended the hearing), he stated at paragraph 29 that - in general - those who seek to exploit discrimination legislation for financial gain are liable to find themselves facing a liability for costs. This is a useful decision for anybody facing claims from Claimants who appear to be serial litigants.