Pre-trial publicity may affect the possibility of costs being awarded against a claimant in the EAT | |||
Iteshi v Office of Water Services (Ofwat) (Practice and Procedure : Costs) [2011] UKEAT 0178_11_2209 | |||
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3/12/2011
The case of Iteshi v OFWAT saw the claimant making unsubstantiated allegations of fraud and conspiracy against judges. This campaign to 'expose' the employment tribunal sysem and EAT was seen as a misconceived and unreasonably conducted claim, an abuse of process. Costs were awarded despite the respondent not having issued a costs warning in advance. The respondent's skeleton argument was taken as sufficient warning in light of the fact that the claimant had a legal background. From paragraph 47 the definition of a vexatious claim is defined from the case of ET Marler Ltd v Robertson [1974] ICR 72 NICR, being 'one that is not pursued with the expectation of success but to harass the other side or out of some improper motives.'
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| Transcript of the judgement:- Iteshi v Office of Water Services (Ofwat) [2011] UKEAT 0178_11_2209 |
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| 2011 Having a corporate financial interest in the outcome or being a governor of a body equates with apparent bias in ones own case - Kaur, R (on the application of) v Institute of Legal Executives Appeal Tribunal & Anor [2011] EWCA Civ 1168 The CJEU Advocate General advises that Part-time Judges are workers and that discrimination against different types of judges is not allowed. - O'Brien v Ministry of Justice [2010] UKSC 34 Costs are compensatory not punitive and reflect the "effect" of the conduct in question" - Barnsley Metropolitan Borough Council v Yerrakalva [2011] EWCA Civ 1255 Unheard and contested matters dismissed at a pre-hearing should not be the subject of a costs award - Dean & Dean (a firm) & Ors v Dionissiou -Moussaoui (Rev 1) [2011] EWCA Civ 1332 Ogden Tables may be acceptable to determine pension loss where cogent reasons are given - Chief Constable Of West Midlands Police v Gardner [2011] UKEAT 0174_11_1910 A holiday must be taken within a reasonable time period or the holiday will cease to be considered as providing a rest from work, but rather "a period of relaxation and leisure" - KHS AG v Schulte ECJ Case C-214/10 The emasculation of the employment tribunal system is the next stage on the road to a fundamental undermining of workers' rights and protections in Britain The level of compensatory award for unfair dismissal must be 'grossed up' before the application of the statutory cap. - Hardie Grant London Ltd v Aspden [2011] UKEAT 0242_11_0311 Even where lists of issues have been agreed between the parties they should be scrutinised by employment judges. - Price v Surrey County Council & Anor [2011] UKEAT 0450_10_2710 Female workers suffered indirect sex discrimination in a pension scheme but no loss (and therefore will not receive compensation) - Copple & Ors v Littlewoods Plc & Ors [2011] EWCA Civ 1281 In order to claim holiday pay under Reg 16 (1) of the Working Time Regulations an employee must have already have stated an intention to take it. - Fraser v Southwest London St George’s Mental Health Trust [2011] UKEAT 0456_10_0311 Even where lists of issues have been agreed between the parties they should be scrutinised by employment judges. - Price v Surrey County Council & Anor [2011] UKEAT 0450_10_2710 Claimants with Before the Event Insurance may choose their own solicitor - Brown-Quinn & Anor v Equity Syndicate Managment LTD & Anor [2011] EWHC 2661 The High Court issues guidance as to when contractual provisions are valid - Hussain v Surrey and Sussex Healthcare NHS Trust [2011] EWHC 1670 (QB) Disciplinary processes must be conducted fairly and without undue delay - Lim v Royal Wolverhampton Hospitals NHS Trust [2011] EWHC 2178 (QB) An employer's reasonable (but wrong) belief that a worker is working illegally is no defence to an illegal deduction from wages claim - Okuoimose v City Facilities Management (UK) Ltd [2011] UKEAT 0192_11_1309 Whistleblowers are not protected against victimisation by fellow workers - NHS Manchester v Fecitt & Ors [2011] EWCA Civ 1190 An employee sharing profits in the firm is not necessarily a partner - Williamson & Soden Solicitors v Briars EAT [2011] UKEAT/2011/0065_10_2705 Leaving a page out of the reasons for an EAT appeal was venial - Hine & Anor (t/a Hine Marketing Partnership) v Talbot & Ors [2011] UKEAT 1783_10_2706 In Equal Pay claims after a TUPE transfer, red circling will be accepted as constituting a genuine material factor defence - Scotland Co Ltd v Buchanan & Anor (Equal Pay Act : Material factor defence and justification) [2011] UKEAT 0042_10_2505 |
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