D & Ors v The Lord Chancellor & Anor

D & Ors v The Lord Chancellor & Anor

The claimants achieved the principal relief sought by withdrawal of the protocol, and the defendant actively contested the proceedings rather than acting neutrally; therefore, the defendant is liable for the claimants' costs.

Parties
Claimant: D; Claimant: P; Claimant: K; Defendant: THE LORD CHANCELLOR; Interested Party: SECRETARY OF STATE FOR THE HOME DEPARTMENT
Jurisdiction
England and Wales
Judgment Date
02 April 2020
Procedural Posture
Judicial Review / Costs Determination After Withdrawal of Challenged Protocol
Outcome
Defendant ordered to pay the second and third claimants’ costs; first claimant’s costs to be dealt with under CPR Part 36.
Legal Topics
Costs in Judicial Review, Bias in Tribunal Proceedings, Procedural Fairness, Standing, Discontinuance of Claims
Administrative Law Judicial Review Immigration Law Costs in Judicial Review Bias in Tribunal Proceedings Procedural Fairness Standing Discontinuance of Claims

Case Brief

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Parties

D

Claimant

P

Claimant

K

Claimant

THE LORD CHANCELLOR

Defendant

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Interested Party

Procedural Posture

Judicial Review / Costs Determination After Withdrawal of Challenged Protocol

Legal Issues

  1. 1 Whether the President's protocol constituted an unlawful blanket policy
  2. 2 Whether claimants are entitled to costs after discontinuance following withdrawal of the protocol
  3. 3 Whether the defendant acted neutrally or actively contested the proceedings

Ratio Decidendi

The claimants achieved the principal relief sought by withdrawal of the protocol, and the defendant actively contested the proceedings rather than acting neutrally; therefore, the defendant is liable for the claimants' costs.

Court Disposition

Defendant ordered to pay the second and third claimants’ costs; first claimant’s costs to be dealt with under CPR Part 36.

Orders

  • Defendant to pay costs of second and third claimants for judicial review claims.
  • First claimant’s costs to be determined per CPR Part 36.