SERIAL LITIGANTS AT RISK OF PAYING COSTS

15 November 2010

Daniel Barnett’s Law Bulletin reports that the Employment Appeal Tribunal (EAT) has dismissed four appeals by alleged serial litigant John Berry.

Mr Berry was the subject of a fairly damning article in The Times earlier this year. He is in his 50s, and apparently scours the internet for job adverts calling for a 'recent school leaver' or suchlike, brings an age discrimination claim and - in the vast majority of cases - the employer settles for a few thousand pounds to avoid litigation.

Underhill P, sitting in the EAT, has dismissed four appeals by Mr Berry. Whilst making it clear that he was not in a position to assess Mr Berry's motivation in bringing his claims (Mr Berry not having attended the hearing), he stated at paragraph 29 that - in general - those who seek to exploit discrimination legislation for financial gain are liable to find themselves facing a liability for costs.

 

This is a useful decision for anybody facing claims from Claimants who appear to be serial litigants.