AL (Albania) & Ors –v- Secretary of State for the Home Department [2012] EWCA Civ 710

Posted on Wednesday, May 30th, 2012

The Court of Appeal held that statutory appeals had no special status. The making of an order by consent assumed that the Upper Tribunal had fallen into legal error with either the encouragement or acquiescence of the Secretary of State. Following the guidance in M –v- London Borough of Croydon [2012] EWCA Civ 595, absent specific matters of conduct or other features, CPR 44.3(2)(a) would usually entitle a successful appellant to his costs. The decision in BCT Software Solutions Ltd –v- C Brewer & Sons Ltd [2004] CP Rep 2 did not justify a default position of no order as to costs. Sengoz –v- Secretary of State for the Home Department [2001] EWCA Civ 1135 not binding and not followed. Furthermore, in circumstances where the availability of public funding for such cases was shrinking, orders for costs would serve the public interest in there being sufficient specialist practitioners willing to undertake this kind of work. And whilst the Secretary of State limited her own costs by not engaging at the permission stage, she ensured the appellant had incurred the costs of filing his application. In all three cases before the Court, the appellant was clearly identifiable as the successful party and each was awarded his costs.

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