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Litigation Letter

Employment Tribunal

Ramsay and others v Bowercross Construction Ltd and others (2008) EAT 14 August

The Employment Tribunal found that the employee had acted unreasonably in bringing his claim and ordered him to pay the employer’s costs in the sum of £10,000. It found that any costs attributable to the employer’s solicitor were incurred ‘in relation to the proceedings’ under the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004) and were therefore recoverable. Because the employer’s solicitor did not hold a practising certificate, the employee argued that the employer was not entitled to recover its costs following the decision in Agassi v Robinson (Inspector of Taxes) [2006] 1 WLR 2126.

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