Tasyurdu v Immigration Appeal Tribunal [2003] EWCA Civ 447 (24 March 2003)

Tasyurdu v Immigration Appeal Tribunal [2003] EWCA Civ 447 (24 March 2003)

The court accepted the solicitor's apology for the late withdrawal as a one-off oversight, but emphasised the duty to notify the court promptly to avoid wasting judicial resources. No adverse costs order was made as legal aid did not cover the period after the paper refusal.

Citation
[2003] EWCA Civ 447
Parties
Claimant/applicant: Huseyin Tasyurdu; Defendant/respondent: Immigration Appeal Tribunal
Jurisdiction
England and Wales
Judgment Date
24 March 2003
Procedural Posture
Appeal / Renewed Application for Permission to Appeal Withdrawn Before Hearing
Outcome
No order as to costs; solicitor's apology accepted; no further action taken.
Legal Topics
Costs, Withdrawal of Appeal, Legal Aid, Professional Conduct
Civil Procedure Immigration Law Costs Withdrawal of Appeal Legal Aid Professional Conduct

Case Brief

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Parties

Huseyin Tasyurdu

Claimant/applicant

Immigration Appeal Tribunal

Defendant/respondent

Procedural Posture

Appeal / Renewed Application for Permission to Appeal Withdrawn Before Hearing

Legal Issues

  1. 1 Whether late withdrawal of an application for permission to appeal should affect costs recoverable from the Legal Services Commission
  2. 2 Professional obligations to notify the court of withdrawal promptly

Ratio Decidendi

The court accepted the solicitor's apology for the late withdrawal as a one-off oversight, but emphasised the duty to notify the court promptly to avoid wasting judicial resources. No adverse costs order was made as legal aid did not cover the period after the paper refusal.

Court Disposition

No order as to costs; solicitor's apology accepted; no further action taken.