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The Court of Appeal has upheld an order granting costs protection to two claimants responding to an appeal from the EAT to the Court of Appeal. The respondent making the appeal argued that the claimants ought to bear the risk of costs in the same way that every other person who litigates does, that they could afford to pay the costs, and that in any event the Court of Appeal was likely to be merciful in their attitude to awarding costs.
The Court of Appeal found "compelling" reasons to justify the costs protection order, not least the fact that the claimants would be forced to give up their claim if the order was not upheld. (Manchester College v Hazel and another  EWCA Civ 281.)