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United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Buckinger (t/a On Yer Bike) v Scott [1997] UKEAT 1020_96_1102 (11 February 1997)
URL: http://www.bailii.org/uk/cases/UKEAT/1997/1020_96_1102.html
Cite as: [1997] UKEAT 1020_96_1102

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BAILII case number: [1997] UKEAT 1020_96_1102
Appeal No. PA/1020/96

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS
             At the Tribunal
             On 11 February 1997

Before

THE HONOURABLE MR JUSTICE MORISON (P)

(IN CHAMBERS)


MR D BUCKINGER T/A ON YER BIKE APPELLANT

MR I A SCOTT RESPONDENT

Transcript of Proceedings

JUDGMENT

Revised

© Copyright 1997

    APPEARANCES

     

    For the Appellant




    NO APPEARANCE BY OR
    REPRESENTATION ON
    BEHALF OF THE APPELLANT/RESPONDENT
    For the Respondent  


     

    MR JUSTICE MORISON (PRESIDENT): The appeal has been withdrawn at the last minute and there has been an application for costs. The complainant in this case was adjudged to have been unfairly dismissed and awarded a substantial sum by way of compensation.

    The appeal was lodged out of time and this was to be an appeal against the refusal of the Registrar to extend time.

    The employee's Solicitors have made a submission that they should be paid about £500 by way of costs for their own time which they say has been wasted in connection with this appeal.

    The question I have to ask myself is whether the Appellant's conduct in bringing the appeal proceedings has been frivolous, vexatious or otherwise unreasonable. Having reviewed the papers with care, I have come to the conclusion that their conduct cannot be categorised as frivolous, vexatious or as unreasonable, although in relation to the reasonableness of their conduct I was very nearly persuaded that they had crossed the line, but I have not been quite persuaded.

    Accordingly, the appeal will be formally dismissed on being withdrawn. There will be no order for costs.

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URL: http://www.bailii.org/uk/cases/UKEAT/1997/1020_96_1102.html