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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Knight Berkeley Ltd v Spark [1996] UKEAT 807_95_1705 (17 May 1996) URL: http://www.bailii.org/uk/cases/UKEAT/1996/807_95_1705.html Cite as: [1996] UKEAT 807_95_1705 |
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At the Tribunal
THE HONOURABLE MR JUSTICE BUTTERFIELD
MR K M HACK JP
MRS P TURNER OBE
JUDGMENT
Revised
APPEARANCES
For the Appellants MR JAMES SWEENEY
(Representative)
Messrs Eversheds
Solicitors
Milburn House
Dean Street
Newcastle-upon-Tyne
NE1 1NP
For the Respondent MR ALEX WILLIAMS
(of Counsel)
Messrs Towns Needham & Co
Solicitors
John Dalton House
4th Floor
121 Deansgate
Manchester
M3 2AR
MR JUSTICE BUTTERFIELD: The Appellants, having withdrawn their appeal against the decision of the Registrar, this appeal is dismissed. Mr Williams, on behalf of the Respondent to the appeal, seeks an order for costs on the ground that the pursuing of this appeal, which was inevitably doomed to failure, was an unreasonable exercise on the part of the Appellants. The Respondent has potentially been put at risk as to costs and he seeks an order in those circumstances.
Mr Sweeney has done his best to persuade me that I should not make such an order. He has failed so to persuade me. In my view this is a clear case in which it is proper to order that the Appellants pay the Respondent's costs.
However, since it is not as yet known whether the Respondent will be funded by his union, or have to bear his costs personally, the order that I make is that that order should not be enforced without the leave of this Tribunal, or by agreement between the parties.
Costs to be taxed if not agreed.