Ronald, R (on the application of) v London Borough of Richmond Upon Thames

1. MR JUSTICE OWEN: In this matter there will be an order by consent in the terms agreed. The consent order included the direction that the court determine the issue of liability for costs on the basis of the parties' written submissions and the papers.

2. In consenting to the appeal being allowed, the respondent conceded that the Special Educational Needs and Disability Tribunal had erred in law. It did so principally by reason of a failure on behalf of the respondent authority to supply critical information. In those circumstances, it is plainly appropriate for the respondent to be ordered to pay at least some parts of the appellant's costs.

3. By a letter dated 30th September of this year, the appellant's solicitors invited agreement to an order that 75 per cent of the appellant's costs of the appeal be paid by the respondent. The proposal was intended to reflect the fact that the grounds of appeal were not wholly based on the Tribunal's error. That offer, which in my judgment was extremely reasonable, was rejected.

4. In all the circumstances, I am satisfied that the appropriate order is that the respondent do pay 75 per cent of the appellant's costs of the appeal, and secondly do pay the costs incurred in this costs application, namely the costs incurred after 16th September 2003.

5. Thank you.