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Costs order should not be influenced by desire to deter future claims (Smolarek v Tewin Bury Farm Hotel)

Published on: 22 August 2017
Published by: LexisPSL
  • Costs order should not be influenced by desire to deter future claims (Smolarek v Tewin Bury Farm Hotel)
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Article summary

Employment analysis: It is an error of law for an employment tribunal to take into account its desire to make a claimant consider very carefully whether or not to bring any claims in the future when deciding whether or not to make a costs order and, if so, the amount to be paid. Seeking to punish the claimant and to deter future proceedings are irrelevant factors, according to the EAT. or take a trial to read the full analysis.

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