Sukul-Lennard v Croydon Primary Care Trust [2003] EWCA Civ 1193 (22 July 2003)

Sukul-Lennard v Croydon Primary Care Trust [2003] EWCA Civ 1193 (22 July 2003)

Costs are awarded to the respondent because Mrs Sukul-Lennard lost on a discrete issue and no special circumstances were shown to depart from the usual practice.

Citation
[2003] EWCA Civ 1193
Parties
Claimant/appellant: Sukul-Lennard; Defendant/respondent: Croydon Primary Care Trust
Jurisdiction
England and Wales
Judgment Date
22 July 2003
Procedural Posture
Appeal From Employment Appeal Tribunal / Costs Determination After Appeal Judgment
Outcome
Costs awarded to respondent, but not to be enforced until conclusion of litigation.
Legal Topics
Costs, Appeal Procedure, Practice and Procedure
Civil Procedure Employment Law Costs Appeal Procedure Practice and Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Sukul-Lennard

Claimant/appellant

Croydon Primary Care Trust

Defendant/respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Costs Determination After Appeal Judgment

Legal Issues

  1. 1 Whether costs should be awarded against Mrs Sukul-Lennard for not accepting the respondent's proposal regarding the appeal procedure

Ratio Decidendi

Costs are awarded to the respondent because Mrs Sukul-Lennard lost on a discrete issue and no special circumstances were shown to depart from the usual practice.

Court Disposition

Costs awarded to respondent, but not to be enforced until conclusion of litigation.

Orders

  • Mrs Sukul-Lennard to pay the respondent's costs thrown away by not accepting the invitation to deal with the matter as suggested by the respondent.
  • Order for costs not to be enforced until the conclusion of the litigation.