- No costs awarded despite “clearly unfounded” certification being withdrawn
- Tribunal opens door to awards of costs against Home Office for unreasonable behaviour
- Court of Appeal to Home Office: go away
- President Lane urges caution in making awards of costs against Home Office
- Home Office loses out on costs over “clear and inexcusable” litigation delay
Where are we at with out-of-country appeals? The aftermath of Kiarie and Byndloss
The new case of QR (Pakistan), R (on the application of) v The Secretary of State for the Home Department [2018] EWCA Civ 1413 is yet another example of fallout from last year’s Supreme Court judgment in Kiarie and Byndloss, relating to the i ...
9th July 2018Tribunal belatedly ends Home Office exemption from judicial review time “rules”
Since 2014 the Upper Tribunal has permitted the Home Office double the normal time limit set by the procedure “rules” for responding to an application for judicial review. Instead of having the 21 days proscribed by the “rules” ...
25th June 2018Leave to remain application date: how to calculate it and why it is important
You’ve left extending your visa until the last minute and are now in danger of missing the deadline. Does this matter and is there anything you can do about it? The answer to the first question is a resounding yes. Fortunately, in some cases, th ...
8th June 2018No costs awarded despite “clearly unfounded” certification being withdrawn
In ZN (Afghanistan) and KA (Iraq) [2018] EWCA Civ 1059, the Court of Appeal considered the tricky issue of costs in public law cases, in a scenario where the appeals were withdrawn following consent orders. The main points The judgment is interesting ...
4th June 2018Strasbourg gets strict with non-exhaustion of domestic remedies
The European Court of Human Rights took a strict approach to non-exhaustion of domestic remedies in the case of Khaksar v United Kingdom (application no. 2654/18), decided last month. The message to potential applicants is clear: all domestic remedie ...
29th May 2018Tribunal opens door to awards of costs against Home Office for unreasonable behaviour
A heavyweight Presidential panel sitting in the First-tier Tribunal has made multiple awards of costs against the Home Office for unreasonable behaviour and given guidance on the proper approach to making such awards in future. Despite the decision be ...
23rd May 2018