Afolayan v MRCS Ltd & Anor - CA suggests that EAT has no power to award costs on grounds that original tribunal proceedings were misconceived

Costs awards by the EAT can be made only in the circumstances set out in the EAT Rules of Procedure Rule 34A. The Court of Appeal suggests that this means the EAT has no power to award costs on grounds that proceedings in the original tribunal were unnecessary, improper, vexatious, or misconceived.

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