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

It is appropriate to make a protective costs order for the applicant for the upcoming hearing, given the public interest nature of the challenge, the applicant's limited resources, and the importance of the issues to be determined by the full court. The order is made on the basis that the applicant will not seek costs against the respondent if successful.

Parties
Claimant/applicant: Refugee Legal Centre; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
16 September 2004
Procedural Posture
Judicial Review / Application for Protective Costs Order Pending Substantive Appeal
Outcome
Protective costs order granted for next week's hearing
Legal Topics
Protective Costs Orders, Asylum Procedure, Judicial Review Costs, Systemic Fairness
Administrative Law Immigration Law Civil Procedure Protective Costs Orders Asylum Procedure Judicial Review Costs Systemic Fairness

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Parties

Refugee Legal Centre

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review / Application for Protective Costs Order Pending Substantive Appeal

Legal Issues

  1. 1 Whether a protective costs order should be granted for the applicant in advance of the substantive appeal
  2. 2 Appropriate criteria for granting protective costs orders under the Civil Procedure Rules in public interest litigation

Ratio Decidendi

It is appropriate to make a protective costs order for the applicant for the upcoming hearing, given the public interest nature of the challenge, the applicant's limited resources, and the importance of the issues to be determined by the full court. The order is made on the basis that the applicant will not seek costs against the respondent if successful.

Court Disposition

Protective costs order granted for next week's hearing

Orders

  • Protective costs order made in favour of the claimant for the upcoming application; claimant not to seek costs against the Secretary of State if successful