Appeal

Graham v University College London Hospitals NHS Foundation Trust and others UKEAT/0130/13/LA, [2013] All ER (D) 58 (Oct); NLJ 25 October

It is established law that an appeal on costs can only succeed on the basis of an error of law. In relation to costs, that includes taking into consideration something irrelevant or something that was clearly wrong in the exercise of the discretion. If proceedings were misconceived, namely, had no reasonable prospect of success, and the tribunal considered it appropriate to do so, it could make an order for costs. It could specify the sum as long as it was under £20,000, and it could, if it saw fit, have regard to the payer’s ability to pay when it came to decide whether to make an order and what that sum should be.