The Claimant lost his claims of breach of contract, direct race discrimination, indirect race discrimination and victimisation after not being given a job when he claimed it had been offered to him. At the time he could not prove it had been offered to him but an email was later discovered showing that in fact the Respondent had offered him the job. The Claimant's appeal was allowed and the liability and costs judgments made against him were set aside. The Claimant then applied for costs against the Respondent, asserting that the response to the appeal was misconceived and/or that the Respondent had defended the appeal in a manner that is unreasonable.

The EAT refused the application. The Respondent had not been shown to have been guilty of threshold conduct that would permit an award of costs.