The Supreme Court Costs Office

No.17 of 2004

Alistair McPherson v BNP Paribas (London Branch)
13 June 2004
Court of Appeal - Thorpe, Mummery LJJ and Bennett J

In this appeal from the Employment Appeal Tribunal the Court of Appeal laid down the circumstances in which, exceptionally, an Employment Tribunal could award costs against the appellant who withdrew his case before a full hearing on the merits.

The court reviewed the authorities, and then applied those to the facts of the case, holding that the claimant was only liable to pay the costs of the proceedings incurred after the date of the application to the Tribunal to adjourn on medical grounds, the hearing fixed for some months later.