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In a recent Tribunal Appeal case, the issue of fees was again the subject of conversation.
The question was asked that if a Respondent losses an appeal case, should they then become liable for the original hearing and issue a fee that the Claimant paid for when action first commenced.
The Tribunal ruled that as the Claimants claim was ultimately successful, the fees incurred in bringing the Claim should be refunded by the Respondent.
Whilst a number of factors will be considered when making a costs order of this nature, it would appear that the loser pays principle will be the majority verdict.