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Mardner v Gardner and others [2014] UKEAT/0483/13

A tribunal should not take legal expenses insurance into account when considering costs

The EAT in Mardner v Gardner has overruled a tribunal’s decision not to award costs since the respondents to the claim were volunteers and trustees of a charity and Mr Mardner was covered by legal expenses insurance and was therefore not out of pocket and the benefit of any costs order would inure to the insurer.

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