Knight Berkeley Ltd v Spark [1996] UKEAT 807_95_1705
MR JUSTICE BUTTERFIELD: The Appellants, having withdrawn their appeal against the decision of the Registrar, this appeal is dismissed. Mr Williams, on behalf of the Respondent to the appeal, seeks an order for costs on the ground that the pursuing of this appeal, which was inevitably doomed to failure, was an unreasonable exercise on the part of the Appellants. The Respondent has potentially been put at risk as to costs and he seeks an order in those circumstances.Mr Sweeney has done his best to persuade me that I should not make such an order. He has failed so to persuade me. In my view this is a clear case in which it is proper to order that the Appellants pay the Respondent's costs.However, since it is not as yet known whether the Respondent will be funded by his union, or have to bear his costs personally, the order that I make is that that order should not be enforced without the leave of this Tribunal, or by agreement between the parties.Costs to be taxed if not agreed.