In FGF v Secretary of State for the Home Department, Appeal No: SN/01/2022 the Special Immigration Appeals Commission has concluded that it has the power to award costs in reviews, […]
The High Court has provided a warning to practitioners about the importance of pursuing negotiations in false imprisonment claims. The case of Moradi v The Home Office [2022] EWHC 3125 […]
In a reasoned determination on costs, the High Court has found that a judicial review brought by seven West Midlands councils over unfair allocation of responsibilities for housing asylum seekers […]
In R (Shahi) v Secretary of State for the Home Department [2021] EWCA Civ 1676 the Court of Appeal held that a grant of interim relief did not entitle a […]
A costs judge has backed a leading firm of solicitors in its dispute with a former client over a £194,000 bill for work on her asylum case. The judgment is […]
Procedure-wise, immigration judicial reviews don’t tend to be that speedy. When you get to the end of the road, you may have run out of steam when it comes to […]
As we continue to grapple with the impact of Brexit, my colleagues and I experienced an increase in Dublin III certification and removal cases at the tail end of last […]
The case of JH (Palestinian Territories) v Upper Tribunal [2020] EWCA Civ 919 builds on the principle that the Home Office can be found liable for expenses in Cart/Eba type judicial […]
D, P and K v Lord Chancellor [2020] EWHC 736 (Admin) is a rare example of the High Court making a costs order against a lower tribunal. The context is […]
The Court of Appeal has held that the UK government can be asked to pay expenses where a judicial review has been brought against the Upper Tribunal’s refusal to grant […]
This case is an unlawful detention claim based on shocking failures by the Home Office to comply with rules on how victims of torture and trafficking should be treated. In […]
In ZN (Afghanistan) and KA (Iraq) [2018] EWCA Civ 1059, the Court of Appeal considered the tricky issue of costs in public law cases, in a scenario where the appeals […]
A heavyweight Presidential panel sitting in the First-tier Tribunal has made multiple awards of costs against the Home Office for unreasonable behaviour and given guidance on the proper approach to […]
When feeding my son, I sometimes have to heap the spoon up with something he likes to eat, to disguise something he does not. This is what the Home Office […]
Contrary to recent guidance from the Upper Tribunal, issued by former President McCloskey no less, an application to that tribunal for permission to appeal to the Court of Appeal against […]
A month ago, Free Movement reported on the detention of Abdulrahman Mohammed. He was awarded the substantial sum of £78,500 by the High Court after being detained unlawfully by the […]
Last week’s Court of Appeal judgment in R (Agyemang) v London Borough of Haringey [2017] EWCA Civ 1630 reveals familiar tactics by local authorities resisting requests for support under the Children Act […]
In the case of Awuah and Others (Wasted Costs Orders – HOPOs – Tribunal Powers) [2017] UKFTT 555 (IAC) the tribunal has decided that a wasted costs order — an […]
“Not often” is the answer. Only if the tribunal acts in an improper way. Incompetence or unlawfulness is not sufficient. In this case, R (on the application of Gudanaviciene) v […]
The issue of costs in immigration cases continues to vex the courts. It is supposed to be unusual for the higher courts to have to deal with costs issues but […]
Hot on the heels of a new consultation on the duty of candour in judicial review proceedings, the Court of Appeal has handed down an important judgment on the same […]
The High Court has awarded damages of just £3,750 to an Algerian man for a period of five months of unlawful detention. This was just the latest period of immigration […]
A Tier 4 student prohibited from working was accused of the Home Office of breach of his conditions of leave by taking part time employment. A decision was taken to remove […]
I am starting to detect subtle* signs that the Upper Tribunal is unimpressed by attempts to litigate ETS cases from within the UK. These are the cases where a person stands […]
With many thanks to the excellent and eagle-eyed Tim Buley of Landmark Chambers, this post covers the procedural protections against costs orders for legally aided and other litigants in the […]
In the recent case of R (on the application of Turay) v Secretary of State for the Home Department IJR [2015] UKUT 485 (IAC) Mr Ockelton, the Deputy President of the […]
The Court of Appeal says “yes”, it is generally lawful to detain immigration detainees in prisons rather than detention centres. The case is R (On the Application Of Idira) v […]
New (to me at any rate) is the Presidential Guidance Note No 1 of 2015: Wasted Costs and Unreasonable Costs, signed on 18 May 2015. It goes a bit further than Cancino […]
Discretion in relation to costs is a wide one and awarding costs on an indemnity basis against an unsuccessful party is a departure from the norm. The substantive matter in […]
In the case of R (on the application of SN) v Secretary of State for the Home Department (striking out – principles) IJR [2015] UKUT 227(IAC) the President of the Upper […]
The Presidents of the Immigration and Asylum Chambers sat together in the First-tier Tribunal case of Cancino (costs – First-tier Tribunal – new powers) [2015] UKFTT 00059 (IAC) in order […]
The previously reported case of R (on the application of Bilal Mahmood) v Secretary of State for the home Department (candour/reassessment duties; ETS :alternative remedy) IJR [2014] UKUT 439 (IAC) […]
The First-tier Tribunal now has a new set of procedure rules: the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, which came into force on 20 October 2014. […]
For the first time, it will now be possible for the immigration tribunal to make awards of costs in statutory appeals. The power is conferred by the Tribunal Procedure (First-tier Tribunal) (Immigration […]
An important recent case slipped under my radar last year, mainly because it has not been publicly reported on one of the publicly accessible case law repositories like BAILII. The […]
