The costs recoverable by the respondent on a Mount Cook basis include the costs incurred in considering whether to contest the claim and, if so, summarising the grounds of defence; they are to be assessed on the same basis as if the respondent had engaged a solicitor in private practice.
The respondent in cases nominally brought against the Secretary of State is the government, and it is the government’s costs that are recoverable.
Internal payments and charges within government are not an indication of the government’s recoverable costs, and cannot therefore demonstrate a breach of the indemnity principle.
A rate of charge for the AoS that is below the relevant Guideline Hourly Rate for the relevant grade of lawyer is not shown to be unreasonably high and will be allowed on summary assessment.
Ockleton VP J, Clive Lane UTJ
[2015] UKUT 519 (IAC)
Bailii
England and Wales
Immigration
Updated: 04 January 2022; Ref: scu.553216