Ronald, R (on the application of) v London Borough of Richmond Upon Thames

[2003] EWHC 2776 (Admin)

Case details

Case citations
[2003] EWHC 2776 (Admin)
Court
High Court (Administrative Court)
Judgment date
7 November 2003
Judgment text

This feature is available to zoomLaw Pro members.

Subjects
Administrative Civil procedure Costs
Keywords
appeal allowed by consent Special Educational Needs and Disability Tribunal tribunal error of law failure to supply critical information costs reasonable costs offer
Outcome
appeal allowed by consent; respondent ordered to pay 75% of appeal costs and specified costs of the costs application
Judicial consideration

This feature is available to zoomLaw Pro members.

Summary

Where an appeal is allowed by consent because the respondent authority concedes that the tribunal erred in law, including through failure to provide critical information, the authority should ordinarily bear at least part of the appellant’s appeal costs. The costs order should reflect the extent to which the grounds of appeal depended on that error and the parties’ conduct concerning a reasonable costs proposal.

Factual background

The claimant appealed against a decision of the Special Educational Needs and Disability Tribunal. The appeal was allowed by consent after the respondent authority conceded that the tribunal had erred in law, principally because critical information had not been supplied. The court was asked to determine liability for costs on the parties’ written submissions and the papers.

Held

  1. The appeal was allowed by consent. The respondent authority conceded that the Special Educational Needs and Disability Tribunal had erred in law, principally through the authority’s failure to supply critical information.
  2. In those circumstances, it was appropriate for the respondent to pay at least part of the appellant’s costs of the appeal.
  3. The appellant’s proposal that 75 per cent of the appeal costs should be paid by the respondent was reasonable. It properly reflected that the grounds of appeal were not wholly based on the tribunal’s error.
  4. The respondent was ordered to pay 75 per cent of the appellant’s costs of the appeal and the costs incurred in the costs application after 16 September 2003.

The court’s approach to earlier authorities

This feature is available to zoomLaw Pro members.

Appellate history

  • Special Educational Needs and Disability Tribunal: decision appealed; the respondent conceded that the tribunal had erred in law.
  • High Court (Administrative Court): appeal allowed by consent and costs determined on the written submissions and papers.

Key cases cited

This feature is available to zoomLaw Pro members.

Cases citing this case

This feature is available to zoomLaw Pro members.