LW v Hertfordshire County Council (SEN): [2019] UKUT 109 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge S M Lane on 28 March 2019.

Read the full decision in HS/773/2018.

Judicial Summary

A First-tier Tribunal granted the appellant, who was legally aided, permission to appeal to the Upper Tribunal. The appellant engaged leading counsel to act for her. Shortly before the appeal was to be heard, the appellant withdrew the appeal. By this time the respondent had also engaged leading counsel who (amongst other things) had prepared a response and a skeleton argument. In all, the legal costs for the respondent’s solicitor and counsel were above £5000. This issue was whether the appellant had conducted the proceedings unreasonably, whether costs should be awarded and the quantum. The only new aspect is that I found that the app had behaved so unreasonably that I made a costs order against her.

Published 30 April 2019