The applicant had sought and been granted leave to appeal from the Immigration Appeal Tribunal. At a late stage, the Secretary of State agreed that the matter should be reheard. The applicant sought the costs wasted in preparing for the appeal.
Held: It was incumbent upon the Secretary to keep in mind the need to avoid unnecessary incurring of costs, but the normal result of such an application would be that no order for costs would be made. Parties should not be discouraged from seeking settlements. Until the grounds of appeal had been gully considered, the Secretary could not have made a decision, and in this case no costs order should be made.
Judges:
Potter LJ, Hale LJ
Citations:
Times 13-Aug-2001
Jurisdiction:
England and Wales
Costs
Updated: 08 May 2022; Ref: scu.159481