McAlpine, Re Leave to Appeal a Decision of the Employment Appeal Tribunal [2010] ScotCS CSIH_66 (16 July 2010)

McAlpine, Re Leave to Appeal a Decision of the Employment Appeal Tribunal [2010] ScotCS CSIH_66 (16 July 2010)

The respondents, having succeeded in resisting the application for leave to appeal, are entitled to expenses as there is no sufficient reason to depart from the ordinary principle that expenses follow success.

Citation
[2010] ScotCS CSIH_66
Parties
Applicant: Kenneth McAlpine; Respondent: Respondents
Jurisdiction
Scotland
Judgment Date
16 July 2010
Procedural Posture
Application for Leave to Appeal / Motion for Expenses After Refusal of Leave to Appeal
Outcome
motion for expenses granted
Legal Topics
Expenses, Costs, Leave to Appeal, Discretion of Court
Civil Procedure Expenses Costs Leave to Appeal Discretion of Court

Case Brief

Summary, issues, holding and outcome

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Parties

Kenneth McAlpine

Applicant

Respondents

Respondent

Procedural Posture

Application for Leave to Appeal / Motion for Expenses After Refusal of Leave to Appeal

Legal Issues

  1. 1 Whether the respondents are entitled to expenses following refusal of leave to appeal
  2. 2 Whether there is reason to depart from the principle that expenses follow success

Ratio Decidendi

The respondents, having succeeded in resisting the application for leave to appeal, are entitled to expenses as there is no sufficient reason to depart from the ordinary principle that expenses follow success.

Court Disposition

motion for expenses granted

Orders

  • Respondents awarded expenses