EAT Comments on Costs

The following decisions have been placed on the EAT website recently.

Billany v Knutsford Conservative Club (HHJ Birtles, 8th July 2003)

An decision dealing with the 'employee / self-employed' distinction.

Of interest is the EAT dealing with an application for costs. It stated:

"Neither do we consider that the Appellant’s refusal of the Respondent’s offer to settle the appeal for £500 is itself unreasonable. Although the amount of compensation is a material factor for us to take into account, the case also involved the issue of whether or not the Appellant had been unfairly dismissed."
Which seems to be further support for the increasing common argument that Calderbank letters can be taken into account when deciding whether to award costs in tribunals.

For a summary on the current status of Calderbank letters in tribunals, send a blank Email to calderbank.article@danielbarnett.co.uk. You will receive an automatic reply, so please do not use that address if you want me to read your message.