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'Period' costs award may be made even when claimant has entered into a DBA (Swissport v Exley and others)

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Published on: 21 June 2017

Published by a LexisNexis Employment expert

Table of contents

Original news
What is the impact of this case?
What is the relevant law in this area?
What were the background facts?
What did the employment tribunal decide?
What were the grounds of appeal?
What did the EAT decide?
Case details

Article summary

Employment analysis: An employment tribunal can make an award of costs over a period, eg those incurred from receipt of the ET3 response to the conclusion of a specific hearing in the proceedings, even where the claimant had entered into a damages-based agreement (DBA) under which he was obliged to make a payment to his solicitors for their services set at a fixed percentage of the compensation recovered irrespective of when the claim concluded. However, in accordance with the indemnity principle, the amount of costs ordered cannot exceed the amount that the claimant is liable to pay to his representatives under the DBA, according to the EAT.

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