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Freshfields Bruckhaus Deringer is pursuing its former insolvency partner Peter Bloxham for £100,000 costs following his failed age discrimination claim.
An application for costs has been filed just before the 28-day deadline after the judgment was passed down.
Bloxham’s solicitors Dawsons stated today: “Peter Bloxham will be vigorously defending the wholly misconceived application for a costs order by Freshfields in respect of his recent age discrimination claim."
A Freshfields spokesperson confirmed that a letter had been filed with the tribunal within the required timeframe to initiate discussions as to costs.
Costs in employment tribunal cases are not clear cut. They can be awarded in cases in which there was a 100 per cent victory and the losing party was shown to have demonstrated "unreasonable behaviour" in bringing the complaint.
The tribunal found unanimously for Freshfields in the landmark case, the first major test of the age discrimination laws passed in October 2006.
Both sides made telling statements after the 10 October decision.
Freshfields co-senior partner Guy Morton labelled the claim as "misguided", while Bloxham's solicitors Dawsons said he was "entirely justified" in bringing the suit.
Bloxham has until 20 November to bring an appeal against the judgment. An appeal could only be on points of law, not on fact. He is still mulling that decision.