AR v Ofsted [2006] EWCST 769(EA) (18 September 2007)

AR v Ofsted [2006] EWCST 769(EA) (18 September 2007)

The appellant's conduct, though falling below an acceptable standard, was not sufficiently unreasonable to satisfy the high threshold required for a costs order under Regulation 24; the presumption against costs was not overturned.

Citation
[2006] EWCST 769
Parties
Appellant: AR; Respondent: Ofsted
Jurisdiction
England and Wales
Judgment Date
18 September 2007
Procedural Posture
Application for Costs / Post Appeal Withdrawal, Costs Hearing
Outcome
application for costs dismissed
Legal Topics
Costs Orders, Regulatory Appeals, Unreasonable Conduct, Withdrawal of Appeal
Administrative Law Care Standards Child Protection Costs Orders Regulatory Appeals Unreasonable Conduct Withdrawal of Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

AR

Appellant

Ofsted

Respondent

Procedural Posture

Application for Costs / Post Appeal Withdrawal, Costs Hearing

Legal Issues

  1. 1 Whether the appellant acted unreasonably in bringing or conducting the appeal so as to justify a costs order under Regulation 24 of the Care Standards Tribunal Regulations 2002

Ratio Decidendi

The appellant's conduct, though falling below an acceptable standard, was not sufficiently unreasonable to satisfy the high threshold required for a costs order under Regulation 24; the presumption against costs was not overturned.

Court Disposition

application for costs dismissed

Orders

  • Application for costs dismissed.