Refugee Legal Centre, R (on the application of) v Secretary of State for the Home Department [2004] EWCA Civ 1296 (22 September 2004)

Refugee Legal Centre, R (on the application of) v Secretary of State for the Home Department [2004] EWCA Civ 1296 (22 September 2004)

A consent order for no costs at the substantive appeal is appropriate given the pro bono nature of claimant representation and the Secretary of State's consent; this does not constitute a considered judgment on the substantive issues.

Citation
[2004] EWCA Civ 1296
Parties
Claimant/appellant: Refugee Legal Centre; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
22 September 2004
Procedural Posture
Judicial Review Appeal / Interlocutory Order Prior to Substantive Appeal
Outcome
Consent order for no costs at substantive appeal hearing granted.
Legal Topics
Pre Emptive Costs Orders, Public Interest Litigation, Costs Protection
Administrative Law Civil Procedure Pre Emptive Costs Orders Public Interest Litigation Costs Protection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 24 Party arguments 2
Sign in to unlock

Parties

Refugee Legal Centre

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review Appeal / Interlocutory Order Prior to Substantive Appeal

Legal Issues

  1. 1 Whether a protective costs order should be made in favour of the claimant in public interest litigation
  2. 2 Appropriateness of consent order for costs protection

Ratio Decidendi

A consent order for no costs at the substantive appeal is appropriate given the pro bono nature of claimant representation and the Secretary of State's consent; this does not constitute a considered judgment on the substantive issues.

Court Disposition

Consent order for no costs at substantive appeal hearing granted.

Orders

  • No order for costs at the hearing of the substantive appeal.
  • List of Claimants' Authorities to be annexed as a Schedule to the judgment.