Labour Research April 2004

Law Matters

Costs against representatives

While tribunals have the power to award costs against an individual to take into account the conduct of that individual's advisors, the EAT has held that costs relevant to the behaviour of a representative can only be made over the way that the case had been conducted, not over the fact that a case had been taken for which it had become apparent there was no prospect of success.

* Hosie v North Ayrshire Leisure EATS/0013/03