J -v- His Excellency the Lieutenant Governor [2018] JRC 124 (11 July 2018)

J -v- His Excellency the Lieutenant Governor [2018] JRC 124 (11 July 2018)

Standard costs are awarded to the Applicant due to procedural impropriety and disproportionality in the deportation decision, and because the Respondent's public function does not preclude a costs order in these circumstances; legal aid status does not bar recovery of costs at the legal aid rate.

Citation
[2018] JRC 124
Parties
Applicant: J; Respondent: His Excellency the Lieutenant Governor
Jurisdiction
Jersey
Judgment Date
11 July 2018
Procedural Posture
Judicial Review / Post Judgment Costs Determination
Outcome
Standard costs awarded to Applicant.
Legal Topics
Costs in Judicial Review, Procedural Impropriety, Proportionality, Legal Aid, Deportation Orders
Administrative Law Human Rights Law Immigration Law Costs in Judicial Review Procedural Impropriety Proportionality Legal Aid Deportation Orders

Case Brief

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Parties

J

Applicant

His Excellency the Lieutenant Governor

Respondent

Procedural Posture

Judicial Review / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded against a public authority in judicial review proceedings
  2. 2 Impact of legal aid status on costs recovery
  3. 3 Effect of procedural impropriety and proportionality findings on costs

Ratio Decidendi

Standard costs are awarded to the Applicant due to procedural impropriety and disproportionality in the deportation decision, and because the Respondent's public function does not preclude a costs order in these circumstances; legal aid status does not bar recovery of costs at the legal aid rate.

Court Disposition

Standard costs awarded to Applicant.

Orders

  • Applicant awarded standard costs, amount to be ascertained by taxation if not agreed.