Goldwater and others v Sellafield Ltd [2015] EAT

ET does not have power to make costs order for issue and hearing fee where they have been paid by the union.

The EAT in Goldwater v Sellafield Ltd has made a costs ruling that where the issue fee and hearing fee were paid by the union GMB, under Rule 34A(2A), no costs order can be made. The wording of Rule 32A(2A) provides, ‘”costs” includes fees… incurred by or on behalf of a party…in relation to the proceedings’. 

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