Coomer v Artix Ltd [1996] UKEAT 1006_94_3101 (31 January 1996)

Coomer v Artix Ltd [1996] UKEAT 1006_94_3101 (31 January 1996)

The appeal was dismissed as the Appellant did not wish to argue the sole ground, and his conduct in refusing settlement and pursuing the appeal was deemed vexatious, justifying an order for costs assessed at the amount in dispute.

Source-derived case information.

Citation
[1996] UKEAT 1006_94_3101
Parties
Appellant: Appellant; Respondents: Artix Ltd
Jurisdiction
United Kingdom
Judgment Date
31 January 1996
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed; costs order made against Appellant.
Legal Topics
Unfair Dismissal, Costs, Adjournment, Ex Gratia Payment, Set Off
Employment Law Unfair Dismissal Costs Adjournment Ex Gratia Payment Set Off

Source-derived case record

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Artix Ltd

Respondents

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether Respondents were entitled to set off an ex-gratia payment against two weeks' compensation for unfair dismissal
  2. 2 Whether Appellant's conduct warranted an order for costs

Ratio Decidendi

The appeal was dismissed as the Appellant did not wish to argue the sole ground, and his conduct in refusing settlement and pursuing the appeal was deemed vexatious, justifying an order for costs assessed at the amount in dispute.

Court Disposition

Appeal dismissed; costs order made against Appellant.

Orders

  • Appellant to pay Respondents £378.46 as assessed costs.