In Portnykh v Nomura International plc the EAT made a conditional costs order requiring the employer, Nomura, to repay Portnykh’s (P) £1,600 hearing fee, following the successful outcome of his appeal. The EAT held that the issue of fee repayment should be looked at broadly and whether or not an appellant has succeeded on all points argued would be a relevant consideration, but where, as here, there had been substantial success, payment of the equivalent of the full fee(s) should be the usual outcome. Within the context of taking a ‘broad view’, while P in dealing with the case himself, had not done so in a helpful or co operative way, it had not made any significant difference to the conduct of the appeal. At the time P paid the hearing fee he also applied for fee remission, therefore the sum will only be payable if P's application for fee remission is refused, in which case it is to be paid within 14 days of the refusal.

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