Whilst no mention of the basis of costs assessment is made in the Tribunals, Courts and Enforcement Act 2007 or the Tribunal Procedure (Upper Tribunal) Rules 2008, the distinction drawn between the standard and indemnity bases by CPR 44.3(1) can properly inform the exercise of discretion by the Immigration and Asylum Chamber of the Upper Tribunal when exercising its full power to determine the extent costs are to be paid under section 29 of the 2007 Act.
The distinction between the standard and indemnity bases are well-known and well-understood across the civil justice system and applied in judicial review proceedings that take place in the High Court and beyond. There is no reason not to employ it in the Immigration and Asylum Chamber of the Upper Tribunal.
Citations:
[2022] UKUT 69 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration, Costs
Updated: 04 June 2022; Ref: scu.677734
