R, R (on the application of) v Special Educational Needs and Disability Tribunal & Anor [2008] EWHC 473 (Admin) (04 March 2008)

R, R (on the application of) v Special Educational Needs and Disability Tribunal & Anor [2008] EWHC 473 (Admin) (04 March 2008)

The Tribunal correctly applied its procedural rules in refusing to admit late evidence, to adjourn, and to allow amendment of the appeal grounds; no error of law or unfairness was demonstrated, and the appeal is dismissed.

Citation
[2008] EWHC 473 (Admin)
Parties
Claimant: R; Defendant: Special Educational Needs and Disability Tribunal; Interested Party: Bournemouth Borough Council
Jurisdiction
England and Wales
Judgment Date
04 March 2008
Procedural Posture
Judicial Review / High Court Judgment on Appeal From Tribunal
Outcome
Appeal dismissed
Legal Topics
Special Educational Needs, Tribunal Procedure, Admission of Evidence, Adjournment, Amendment of Appeal Grounds

Case Brief

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Parties

R

Claimant

Special Educational Needs and Disability Tribunal

Defendant

Bournemouth Borough Council

Interested Party

Procedural Posture

Judicial Review / High Court Judgment on Appeal From Tribunal

  1. 1 Whether the Tribunal erred in refusing to admit late evidence
  2. 2 Whether the Tribunal erred in refusing an adjournment
  3. 3 Whether the Tribunal erred in refusing to allow amendment of appeal grounds to name a different school

Ratio Decidendi

The Tribunal correctly applied its procedural rules in refusing to admit late evidence, to adjourn, and to allow amendment of the appeal grounds; no error of law or unfairness was demonstrated, and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Order for public funding assessment of appellant's costs
  • No order as to costs against the appellant