Employment – Contract of service. The judge had been entitled to reach the view that he had as to what the contractual terms of employment had been between the claimant and the defendant, and to dismiss the claimant's claim for breach of contract on the basis that he had been underpaid. However, the Court of Appeal, Civil Division, allowed the claimant's appeal against an order to pay the respondent's costs on an indemnity basis, as the judge had been wrong to consider that indemnity costs had been required by CPR Pt 36.