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News Details

Court of Appeal rules that loser does not have to pay costs of appeal: Martin Fodder acts for respondent
10.02.2010


February’s edition of the Industrial Relations Law Reports includes a report of GOVERNING BODY OF ST ALBANS GIRLS' SCHOOL v. NEARY [2009] EWCA Civ 1190 and [2009] EWCA Civ 1214 [2010] IRLR 124 in which Martin Fodder, instructed by the Bar Pro Bono unit appeared on behalf of Mr Neary, the respondent to the appeal. Mr Neary lost the substantive appeal, CPR 3.9 was not applicable to the consideration of whether to grant relief from a sanction in the employment tribunal. However the Court of Appeal declined to award the appellants their costs because Mr Neary had begun proceedings in a cost-free jurisdiction, his appeal to the EAT was also in a cost-free jurisdiction, and he had been justified in bringing it on the basis of the case law of the EAT. Mr Neary was pitched against his will into the cost-bearing jurisdiction of the Court of Appeal and lost only because the appellants were able to convince the court that the EAT case law was wrong. This departure from the normal rule as to costs may of assistance to employee respondents in future cases before the Court of Appeal.