News and Events

Costs - Important Case

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The Court of Appeal has handed down a short supplemental judgment in St Albans' Girl School v Neary (see bulletin 16/11/09) dealing with the School's application for the costs of the Court of Appeal hearing.

The Court of Appeal held that where a Claimant in the employment tribunal "is pitched against his will into a costs-bearing jurisdiction", it would be normally be wrong to make a costs order against him if the appeal is successful.

This is a very different approach to that which the Court of Appeal normally adopts, and it is unclear whether this practice will be followed by subsequent divisions of the Court.

St Albans' Girl School v Neary - supplemental costs judgment