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Is it possible to refuse to settle (without cost consequences)?


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In para 69 of the Supreme Court ruling in R (on the application of UNISON) v Lord Chancellor [2017] IRLR 911 SC

 

the Judge stated

 

"The case also illustrates the fact that it is not always desirable that claims should be settled"

 

Would it ever be possible to argue that a particular case shouldn't be settled because it holds Public Interest?

 

I noticed he didn't state it as a ruling but in passing

 

Please, if there is a Case Law, I would greatly appreciate it.

 

 

Thanks

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you mean that it should be heard in the public interest and thus a costs order on either side not helpful?

 

It does happen but you will have to ask the court/tribunal whether they would consider this.

 

If they say no then you risk having to balance their offer against any likely award which is exactly why some parties like to drag things out.

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