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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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| At the Tribunal | |
Before
THE HONOURABLE MR JUSTICE MORISON (P)
(IN CHAMBERS)
MR D BUCKINGER T/A ON YER BIKE APPELLANT
MR I A SCOTT RESPONDENT
| APPELLANT | |
| RESPONDENT |
Transcript of Proceedings
JUDGMENT
Revised
| 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MR JUSTICE MORISON (PRESIDENT): The appeal has been withdrawn at the last minute and there has been an application for costs.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Accordingly, the appeal will be formally dismissed on being withdrawn.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.