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Peat & Ors v Birmingham City Council - unreasonable conduct as basis for costs award

In showing "unreasonable conduct" as a basis for seeking an award of costs, a party does not have to go as far as showing that the other party's claim was doomed to failure, or had no reasonable prospects of success.

Birmingham City Council sought to implement a Single Status Agreement and invited its employees to agree to new terms and conditions of employment. There was extensive consultation throughout with the trade unions, but nonetheless some 300 refused, and were dismissed and re-engaged on new terms.

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