Todd and Others v. Concrete Repairs Ltd [2000] EAT 195_99_0704 (7 April 2000) [2000] UKEAT 195_99_0704
MR JUSTICE BURTON : In relation to the Todd case we consider that the conduct of the appeal was unreasonable, either on the basis that it should not have been brought in light of paragraph 19 or that once it had been brought, it should have been discontinued at a relatively early stage. However, we conclude that there was a substantial amount of overlap between the two, that may or may not have been allowed for in the schedule that has been produced today, which will obviously in any event be reconsidered before any question of assessment. But the figure that we conclude is appropriate or the proportion that we think is appropriate is that the Appellants should pay two thirds of the assessed costs of the Respondent in the appeal.The figure that has floated, not surprisingly, into our mind, is the figure of £5,000. It seems to us that it would be sensible, in order to avoid an assessment, if that was the figure that was paid.So far as the Taylor appeal (EAT/268/99) is concerned we make no order for costs.