The Court of Appeal has granted permission to appeal in relation to a costs decision made by the Upper Tribunal in Judicial Review proceedings against the Home Office.
The Situation
Judicial Review proceedings were issued challenging a Home Office decision relating to a visitor visa application.
Before the claim was determined, the Home Office granted the visitor visa application which was the subject of the challenge. As a result, the judicial review proceedings became academic.
The issue of costs remained outstanding.
The Upper Tribunal made no order as to costs at the permission stage.
We considered that decision to be wrong in law.
What We Did
Principal Barrister Zainul Jafferji, supported by paralegal Muhammad Mohi-ud-din, advised that the costs decision was arguable and prepared grounds of appeal challenging the Upper Tribunal’s approach to costs.
Permission to appeal was initially refused, and the application was renewed before the Court of Appeal.
The Outcome
The Court of Appeal has granted permission to appeal, concluding that the proposed appeal has a real prospect of success.
The case will now proceed to a full appeal hearing on the costs issue.
Permission to appeal does not determine the outcome of the appeal. It confirms only that the Court considers the issues sufficiently arguable to proceed to a full hearing.
Why This Matters
Even where judicial review proceedings become academic following the grant of the underlying relief, costs remain an important and often contested issue. A decision to make no order as to costs may still be open to challenge in appropriate cases.
How We Can Help
We advise clients on costs disputes arising from Judicial Review and immigration litigation, including appeals to the Court of Appeal.
If you believe a costs decision in your case may be wrong in law, we can advise on your options.
This article is for general information only and does not constitute legal advice. Case details have been generalised to protect client confidentiality.
