In the case of Baker v Tote the EAT upheld a costs award of 75% of £120,000.00 or £90,000.00 and reiterated that it would be rare for the EAT to interfere with any costs award where the Tribunal discretion was properly exercised.

Costs awards, whilst rare, seem to be not as unusual as they once were and large costs awards have been reported and appealed in the EAT on several occasions this year.