Burns v Director General of the Department of Education (No.2)

In *Burns v Director General of the Department of Education (No.2)*, the applicant, Ms. Burns, brought multiple disability discrimination claims against the Director General of the Department of Education. The proceedings were heard by Judge Antoni Lucev.

The central legal issue before the Court was the appropriate order for costs, given that Ms. Burns was successful on only three out of thirteen identified claims. The Court was required to determine whether the costs should be apportioned between the successful and unsuccessful claims, or if a "no order as to costs" outcome was more appropriate.

Judge Lucev reasoned that while Ms. Burns had achieved some success, the significant number of unsuccessful claims meant that a full award of costs to the applicant would be unjust. The Court considered the principles of proportionality and fairness in awarding costs, particularly where a party has achieved only partial success. The Court ultimately determined that a "no order as to costs" was the most appropriate outcome in this instance, reflecting the mixed success of the applicant.