London Oratory School, R (on the application of) v The Schools Adjudicator & Anor [2015] EWHC 1155 (Admin) (29 April 2015)

London Oratory School, R (on the application of) v The Schools Adjudicator & Anor [2015] EWHC 1155 (Admin) (29 April 2015)

The Diocesan Guidance issue must be remitted to a newly appointed Adjudicator for reconsideration and determination in accordance with the court's prior judgment, as the Adjudicator retains statutory authority and the outcome is not inevitable. The School is the largely successful party and is entitled to recover...

Source-derived case information.

Citation
[2015] EWHC 1155 (Admin)
Parties
Claimant: The Governing Body of the London Oratory School; Defendant: The Schools Adjudicator; Interested Party: The British Humanist Association; Interested Party: The Secretary of State for Education
Jurisdiction
England and Wales
Judgment Date
29 April 2015
Procedural Posture
Judicial Review / Post Substantive Judgment; Determination of Remittal and Costs
Outcome
Issue remitted; costs awarded
Legal Topics
School Admissions, Judicial Review, Costs Orders, Remittal of Issues
Administrative Law Education Law School Admissions Judicial Review Costs Orders Remittal of Issues

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Summary, issues, holding and outcome

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Parties

The Governing Body of the London Oratory School

Claimant

The Schools Adjudicator

Defendant

The British Humanist Association

Interested Party

The Secretary of State for Education

Interested Party

Procedural Posture

Judicial Review / Post Substantive Judgment; Determination of Remittal and Costs

Legal Issues

  1. 1 Whether the Diocesan Guidance issue should be remitted for reconsideration by a new Adjudicator
  2. 2 Determination of costs between the School and the Adjudicator

Ratio Decidendi

The Diocesan Guidance issue must be remitted to a newly appointed Adjudicator for reconsideration and determination in accordance with the court's prior judgment, as the Adjudicator retains statutory authority and the outcome is not inevitable. The School is the largely successful party and is entitled to recover 80% of its assessed costs from the Adjudicator, with a payment on account ordered.

Court Disposition

Issue remitted; costs awarded

Orders

  • The Diocesan Guidance issue is remitted to a newly appointed Adjudicator for reconsideration and determination in accordance with the court's judgment.
  • The Adjudicator shall pay 80% of the School's assessed costs, with a payment on account of £60,000 by 8 May 2015.