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Costs in Employment Tribunals, 2nd Edition

Costs in Employment Tribunals, 2nd Edition

Author: Daniel Barnett; Sam Cooper; Kate Palka
Publisher: Jordan Publishing
ISBN: 9781846618390
Published In: October 2014
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author
Reviews

Details
While the civil courts ordinarily award costs to the successful party, it was previously rare for employment tribunals to do the same. Costs orders are now becoming more common in tribunal cases where one party acted unreasonably or where the bringing or conduct of the case was misconceived. Employment lawyers must therefore be aware of how to obtain costs awards for clients, and how to avoid having one made against them, even if they are the winning party.

Costs in Employment Tribunals meets the needs of practitioners, analysing what tribunals are doing and, more importantly, why they are doing so. Uniquely, it draws on decisions in approximately 100 unreported tribunal cases where costs were awarded or refused, offering the reader clarity on how costs decisions are made in these cases.

The new edition has been completely revised in light of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. The key changes covered include:
- The power of the Tribunal Judge to conduct a detailed assessment of costs in excess of £20,000 adopting the same principles as the County Court in doing so
- A power entitling a party to have their tribunal fee paid by another party
- A specific power relating to the payment of the expenses of witnesses
- Circumstances in which a tribunal may make a costs order or Preparation Time Order
There is commentary on a number of new cases including key court appeal decisions Sud v London Boroughof Ealing 2013 and Yerrakalva v Barnsley Metropolitan Council 2012, the EAT ‘threshold test’ in AQ Ltd v Holden 2012 and an update on costs in Scottish cases.
1. Introduction
2. Overview of Costs Rules
3. Costs v Preparation Time Orders
4. Deposits
5. Costs Warnings and Settlement Offers
6. Delay, Postponements and Adjournments
7. Claims and Arguments with ‘No Real Prospect of Success’
8. Dishonest Allegations and Vexatiousness
9. Conduct of Proceedings
10. Wasted Costs Orders
11. Enforcement, Review and Appeals of Employment Tribunal Costs Orders
12. Costs in Other Courts
13. Appendix: Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237
Daniel Barnett is highly regarded for his employment and HR law expertise, representing both employers (80%) and employees (20%). He has appeared in many Court of Appeal and Employment Appeal Tribunal cases together with complex High Court employment litigation. He also appears regularly in employment tribunals up and down the country.

Daniel is called on regularly to comment on television and radio on current legal issues, and is the resident lawyer on LBC 97.3, where he co-presents the legal hour on Thursday evenings. He is the author or co-author of eight books, including Costs in Employment Tribunals (Jordans) and the Law Society Handbook on Employment Law, and founder of two businesses (in legal publishing and legal education).
Reviews of the previous edition
"comprehensive and easy guidance ... highly recommended"
German-British Chamber of Industry & Commerce

"will offer you enhanced insight over costs issues and the pointers we need to consider..unique of its kind..revealing and definitely instructive...a wealth of information nd comment...required reading to help you advocate your best case for costs."