LT and DT v City & County of Cardiff & Anor [2007] EWHC 2568 (Admin) (09 November 2007)

LT and DT v City & County of Cardiff & Anor [2007] EWHC 2568 (Admin) (09 November 2007)

The Second Respondent did not actively oppose the appeal nor engage in flagrant improper behaviour; therefore, no order for costs can be made against it, and the appeal is dismissed with no order for costs.

Citation
[2007] EWHC 2568 (Admin)
Parties
Appellants: LT and DT; First Respondent: City and County of Cardiff; Second Respondent: Gwyn Eirug Davies (Chair of Special Educational Needs Tribunal for Wales)
Jurisdiction
England and Wales
Judgment Date
09 November 2007
Procedural Posture
Administrative Appeal / Judgment on Costs Following Substantive Relief by Tribunal Review
Outcome
Appeal dismissed with no order for costs
Legal Topics
Special Educational Needs, Tribunal Procedure, Costs Orders, Judicial Review
Administrative Law Education Law Special Educational Needs Tribunal Procedure Costs Orders Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

LT and DT

Appellants

City and County of Cardiff

First Respondent

Gwyn Eirug Davies (Chair of Special Educational Needs Tribunal for Wales)

Second Respondent

Procedural Posture

Administrative Appeal / Judgment on Costs Following Substantive Relief by Tribunal Review

Legal Issues

  1. 1 Whether the Second Respondent should be ordered to pay the Appellants' costs after quashing its own decision and granting a rehearing
  2. 2 Whether the conduct of the Second Respondent amounted to flagrant improper behaviour justifying a costs order

Ratio Decidendi

The Second Respondent did not actively oppose the appeal nor engage in flagrant improper behaviour; therefore, no order for costs can be made against it, and the appeal is dismissed with no order for costs.

Court Disposition

Appeal dismissed with no order for costs

Orders

  • Appeal dismissed
  • No order as to costs