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Example of fresh decision triggering fresh judicial review proceedings

Example of fresh decision triggering fresh judicial review proceedings

Just a quick one to highlight an example of a judicial review claim where a belated fresh decision was made by the Respondent in judicial review proceedings and the judge took the firm view that costs should be awarded for the proceedings so far. If the applicant wanted to challenge the fresh decision, fresh proceedings would be required. The case is R (on the application of Gorczak) v Secretary of State for the Home Department [2015] EWHC 168 (Admin).

Free Movement Members can read a bit more material on costs and moving targets in the costs course (link to relevant section).

Colin Yeo
Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder and editor of the Free Movement immigration law website.

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