Horizon Security Services Ltd v Ndeze & Anor (Practice and Procedure : Disclosure) [2014] UKEAT 0071_14_1806 (18 June 2014)

Horizon Security Services Ltd v Ndeze & Anor (Practice and Procedure : Disclosure) [2014] UKEAT 0071_14_1806 (18 June 2014)

A successful appellant is generally entitled to recover appeal fees as costs from a respondent who actively resisted the appeal, under r.34A(2A) EAT Rules 1993, without needing to show unreasonable conduct by the respondent.

Citation
[2014] UKEAT 0071_14_1806
Parties
Appellant: Horizon; Respondent: PCS; Other: Mr Ndeze
Jurisdiction
United Kingdom
Judgment Date
18 June 2014
Procedural Posture
Employment Appeal Tribunal Application for Costs / Post Appeal Costs Application
Outcome
Application for costs allowed
Legal Topics
Costs, Appeal Fees, Discretionary Costs Orders
Employment Law Civil Procedure Costs Appeal Fees Discretionary Costs Orders

Case Brief

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Parties

Horizon

Appellant

PCS

Respondent

Mr Ndeze

Other

Procedural Posture

Employment Appeal Tribunal Application for Costs / Post Appeal Costs Application

Legal Issues

  1. 1 Whether a successful appellant is entitled to recover appeal fees as costs from a respondent under rule 34A(2A) EAT Rules 1993
  2. 2 Whether the thresholds under rule 34A(1) must be met before such an award can be made

Ratio Decidendi

A successful appellant is generally entitled to recover appeal fees as costs from a respondent who actively resisted the appeal, under r.34A(2A) EAT Rules 1993, without needing to show unreasonable conduct by the respondent.

Court Disposition

Application for costs allowed

Orders

  • PCS to pay costs in the sum of £1,600 to Horizon