Awards of costs

Case 3: The facts

Professor Richard Parish was awarded costs in respect of a tribunal claim taken against his former employers. Having been dismissed without reasons being given, he sought a solicitor's advice and eventually went to a tribunal to obtain an order requiring the employer to provide written reasons for the dismissal. He claimed costs based on his employer's conduct prior to his lodging the tribunal claim.

The ruling

The EAT held that a party's conduct prior to proceedings or unrelated to proceedings cannot found an award of costs. The power to award costs has to be drawn narrowly, and it is only the way that a party has conducted the tribunal proceedings themselves that can be taken into account.

Health Development Agency v Parish EAT/0543/03