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City of Edinburgh Council v (1) Wilkinson & ors (2) McLeod & ors - EAT overrules costs order made re adjournment of a pre-hearing review [2009] EAT

Costs order (for Counsels' fees of £18,000) covering adjournment of a pre-hearing review overruled by the EAT. 

Various council workers made claims under the Equal Pay Act 1970.  There was a preliminary hearing in June 2008 to decide varous preliminary matters, notably whether the claimants could make quite extensive amendments to their original claims, essentially to demonstrate that they were in the "same employment" as their comparators.  The employers contested the application to amend but lost after a full morning's hearing. This was on a Monday. The employers were then allowed an adjournment to complete their response to the amendments and in the event the preliminary hearing was not completed until Thursday of the same week.

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