Sunday August 9, 2020

Court rules legal costs of case that is ‘abuse of process’ should be awarded to defendant

Court of Appeal ruling comes after case involving identical employment claims against two sister companies

2nd August, 2020
The High Court trial judge held that he did not believe that “there can be any doubt at all” but that the EAT erred in law and acted ultra vires

The Court of Appeal has found that as a matter of “public policy”, the legal costs of a case, which in itself is an “abuse of process”, should be awarded to the defendant.

In a ruling delivered last week, the three-judge court found that when a party is forced to defend a case that would “bring about an unjust result, such as an unjust enrichment”, they should be awarded costs....

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