Walton v. Image Creative Ltd & Anor [2003] UKEAT 1471_00_0808 (8 August 2003)

Walton v. Image Creative Ltd & Anor [2003] UKEAT 1471_00_0808 (8 August 2003)

The appeal proceedings were unreasonably pursued after 1 April 2002, as there was no legitimate point of law remaining and the grounds amounted to attempts to re-argue facts already determined. Costs are therefore awarded against Miss Walton under Rule 34.

Source-derived case information.

Citation
[2003] UKEAT 1471_00_0808
Parties
Appellant: Miss Walton; Respondent: Image Creative Limited; Respondent: Mr Rowan Bayliss
Jurisdiction
United Kingdom
Judgment Date
08 August 2003
Procedural Posture
Employment Appeal / Costs Application Following Unsuccessful Appeal
Outcome
Costs application granted
Legal Topics
Costs, Appeal Procedure, Unreasonable Conduct
Employment Law Costs Appeal Procedure Unreasonable Conduct

Source-derived case record

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Parties

Miss Walton

Appellant

Image Creative Limited

Respondent

Mr Rowan Bayliss

Respondent

Procedural Posture

Employment Appeal / Costs Application Following Unsuccessful Appeal

Legal Issues

  1. 1 Whether appeal proceedings were unreasonably pursued after 1 April 2002
  2. 2 Whether costs should be awarded against the appellant under Rule 34

Ratio Decidendi

The appeal proceedings were unreasonably pursued after 1 April 2002, as there was no legitimate point of law remaining and the grounds amounted to attempts to re-argue facts already determined. Costs are therefore awarded against Miss Walton under Rule 34.

Court Disposition

Costs application granted

Orders

  • Miss Walton to pay the Respondents £2,500 for the entire costs of the proceedings from 1 April 2002 onwards.