Refugee Legal Centre, R (on the application of) v Secretary of State for the Home Department

Refugee Legal Centre, R (on the application of) v Secretary of State for the Home Department

Given the public interest nature of the proceedings, the pro bono representation, and the respondent's consent, it is appropriate to make a protective costs order so there will be no order for costs at the hearing of the substantive appeal.

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 / Interlocutory Application for Protective Costs Order; Consent Order Prior to Substantive Appeal
Outcome
Consent order for no order as to costs at the substantive appeal.
Legal Topics
Protective Costs Orders, Pre Emptive Costs, Public Interest Litigation
Administrative Law Civil Procedure Protective Costs Orders Pre Emptive Costs Public Interest Litigation

Case Brief

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Parties

Refugee Legal Centre

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review / Interlocutory Application for Protective Costs Order; Consent Order Prior to Substantive Appeal

Legal Issues

  1. 1 Whether a protective costs order should be made in favour of the claimant in a public interest judicial review

Ratio Decidendi

Given the public interest nature of the proceedings, the pro bono representation, and the respondent's consent, it is appropriate to make a protective costs order so there will be no order for costs at the hearing of the substantive appeal.

Court Disposition

Consent order for no order as to costs at the substantive appeal.

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.