Cerberus Software Ltd v Rowley [2001] EWCA Civ 497 (6 April 2001)

Cerberus Software Ltd v Rowley [2001] EWCA Civ 497 (6 April 2001)

Although the appellant succeeded on appeal, the conduct of the appellant prior to and during the proceedings, including defending the dismissal on grounds not believed to be true, justifies departing from the general rule that costs follow the event. Justice requires no order for costs in this case.

Citation
[2001] EWCA Civ 497
Parties
Appellant: Cerberus Software Ltd.; Respondent: John Anthony Rowley
Jurisdiction
England and Wales
Judgment Date
06 April 2001
Procedural Posture
Appeal From Employment Appeal Tribunal / Ruling on Costs After Appeal Decision
Outcome
Appeal allowed; no order for costs; leave to appeal refused.
Legal Topics
Costs, Unfair Dismissal, Discretion of Court, Conduct of Parties
Employment Law Civil Procedure Costs Unfair Dismissal Discretion of Court Conduct of Parties

Case Brief

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Parties

Cerberus Software Ltd.

Appellant

John Anthony Rowley

Respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Ruling on Costs After Appeal Decision

Legal Issues

  1. 1 Whether the appellant should be awarded costs of the appeal despite its conduct in the underlying proceedings
  2. 2 Whether the conduct of the appellant prior to and during proceedings should affect the costs order

Ratio Decidendi

Although the appellant succeeded on appeal, the conduct of the appellant prior to and during the proceedings, including defending the dismissal on grounds not believed to be true, justifies departing from the general rule that costs follow the event. Justice requires no order for costs in this case.

Court Disposition

Appeal allowed; no order for costs; leave to appeal refused.

Orders

  • No order for costs of the appeal
  • Leave to appeal refused