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The costs decision in the Court of Appeal case of Akhtar v Boland has decided that the ‘no costs’ rule for small claims cases applies to the costs of any appeal to the Court of Appeal.
The Civil Procedure Rules are very clear in stating that in relation to cases which have been allocated to the small claims track the court may not make a costs order, save for in certain limited circumstances. However, it was widely considered that costs incurred in connection with an appeal to the Court of Appeal would be recoverable. This was based on the current guidance contained within the Supreme Court Practice (the ‘White Book’) which states that “second appeals against small claims decisions in the Court of Appeal are subject to full costs shifting”.
The Court of Appeal in Akhtar found the note in the White Book to be incorrect and reluctantly concluded that it was precluded from making a costs award in connection with the appeal.
This is another disincentive removed to discourage determined litigants in person from lodging an appeal following an unsuccessful small claims hearing.
As has been widely reported this week, some 3,000 UK workers are taking part in a six month trial to assess the viability of a four-day working week without any reduction in their normal pay.
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The Employment Appeal Tribunal (EAT) decision in the case of Warburton v The Chief Constable.
Restrictive covenants are widely recognised as a complex area of employment law that is of key importance to many organisations. However more recently, they have become a hot topic with the Government launching their consultation.
In Nissan v Passi, the High Court recently considered the issue of an employee retaining confidential documents belonging to his former employer in the context of the employer’s application for an injunction seeking the return of such documents from the employee.
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