LT and DT v City & County of Cardiff & Anor

LT and DT v City & County of Cardiff & Anor

The Second Respondent did not actively oppose the appeal and was not guilty of flagrant improper behaviour; therefore, no order for costs can be made against it.

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
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Special Educational Needs, Costs in Appeals, Procedural Fairness
Administrative Law Education Law Special Educational Needs Costs in Appeals Procedural Fairness

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

Appeal / Judgment

Legal Issues

  1. 1 Whether the Second Respondent should pay the Appellants' costs after quashing its decision and ordering a rehearing
  2. 2 Whether the Second Respondent's conduct amounted to flagrant improper behaviour justifying a costs order

Ratio Decidendi

The Second Respondent did not actively oppose the appeal and was not guilty of flagrant improper behaviour; therefore, no order for costs can be made against it.

Court Disposition

appeal dismissed

Orders

  • No order for costs
  • Appellants achieved all possible substantive relief from the proceedings