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McAlpine, re Leave to Appeal a Decision of the EAT - expenses (costs) in an unsuccessful application for leave to appeal.

The Courts may be lenient where a party against whom costs are claimed was "pitched against their will" into their costs-bearing jurisdiction (see St Albans' Girl School v Neary [2010] ICR 473, CA) but are less likely to be so when the party against whom costs are claimed took the initiative in appealing from the EAT to the Court of Appeal or Court of Session.

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