Rule 34A When a costs or expenses order may be madeF1
Where it appears to the Appeal Tribunal that any proceedings brought by the paying party were unnecessary, improper, vexatious or misconceived or that there has been unreasonable delay or other unreasonable conduct in the bringing or conducting of proceedings by the paying party, the Appeal Tribunal may make a costs order against the paying party.
The Appeal Tribunal may in particular make a costs order against the paying party when—
he has not complied with a direction of the Appeal Tribunal;
he has amended its notice of appeal, document provided under rule 3 sub- paragraphs (5) or (6), Respondent’s answer or statement of grounds of cross-appeal, or document provided under rule 6 sub-paragraphs (7) or (8); or
he has caused an adjournment of proceedings.
If the Appeal Tribunal allows an appeal, in full or in part, it may make a costs order against the respondent specifying the respondent pay to the appellant an amount no greater than any fee paid by the appellant under a notice issued by the Lord Chancellor.
Nothing in paragraph (2) F3or (2A) shall restrict the Appeal Tribunal’s discretion to award costs under paragraph (1).
Annotations
Textual amendments
- F1
Rules 34A-34D inserted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 21 (with rule 26(2))
- F2
Rule 34A(2A) inserted (29.7.2013) by The Employment Appeal Tribunal (Amendment) Rules 2013 (S.I. 2013/1693), rules 1(1), 7(a)
- F3
Words in rule 34A(3) inserted (29.7.2013) by The Employment Appeal Tribunal (Amendment) Rules 2013 (S.I. 2013/1693), rules 1(1), 7(b)