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Costs and a "Campaign Beyond the Proceedings"

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[Thanks to Laurie Anstis of Boyes Turner who is standing in for Daniel Barnett during holiday absence, and to Sarah Russell, solicitor at Ventura , for preparing this case summary]

Will pre-trial publicity affect the likelihood of an award of costs being made against a claimant in the EAT?

Yes, according to Iteshi v OFWAT. The Claimant had sent a letter to his MP, copied to the EAT, in which he made unsubstantiated allegations of fraud, and conspiracy with the Government between judges. This was described as part of a campaign to expose and discredit the employment tribunals and EAT and was described as 'disgraceful' and an abuse of process.

The Claimant was also heavily criticized on the grounds that his claim was misconceived and unreasonably conducted.

Even though the Respondent had not issued a costs warning in advance, its skeleton argument was said to be sufficient warning of the way in which matters could proceed, given that the Claimant had a legal background. Costs of £750 were awarded".