Reported Case

In this case the Court of Appeal considered the cost applications of the two Appellants in these proceedings, ZN & KA, following the withdrawal of their appeals by consent.

The issue before the Court was in what circumstances the Court should make an order as to costs, taking into account all relevant issues as well as the conduct of the parties. The Appellants’ positions were that costs should be awarded in their favour as they had ultimately achieved the outcome that they were seeking.

The Appellants also highlighted the importance of legal aid firms securing inter partes costs in order to ensure their survival, considering the extensive legal aid cuts in the past few years following Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Judgment

The Court refused the Appellants’ costs application and in their decision seem to have stepped back towards a Boxall approach despite this being disapprove in R (M) v Croydon, and other cases dealing with issue of costs.

The Appellants’ are now seeking to appeal this to the Supreme Court.

Representation

Bahar Ata, of Duncan Lewis, was instructed by both Appellants in these proceedings.

Counsel instructed are Stephen Knafler QC of Landmark Chamber with Greg O’Ceallaigh and Raza Halim of Garden Court Chambers.

Bahar Ata is a Fellow of the Chartered Institutes of the Legal Executives and a Director within the Duncan Lewis Public Law and Immigration Departments. Bahar specialises in Public Law with a niche practice in immigration and human rights judicial review claimant matters. She has more than 10 years’ experience representing vulnerable individuals in unlawful detention claims, challenges against the Competent Authority decisions in respect of trafficking matters, age assessments challenges and challenging removals to third countries under Dublin Regulations. Bahar has extensive experience of representing clients at the High Court, Court of Appeal and the Supreme Court.

Contact Bahar on 020 7014 7398 or via email at bahara@duncanlewis.com.

Duncan Lewis Public Law Solicitors

The Duncan Lewis Public Law Department has been recommended by Legal 500 2017, with particular praise for their work successfully challenging policies under which vulnerable individuals are detained in immigration detention centres. By way of judicial review, the Public Law Department challenges decisions made by public bodies which would otherwise be non-appealable. These can be central or local government, or other organisations carrying out public functions.

The Public Law team have experience in all aspects of judicial review claimant work, including obtaining emergency orders and other interim relief to prevent breaches of human rights, following up judicial reviews with actions for damages in both the County and High Court and successfully pursuing judicial review matters to the Court of Appeal and Supreme Court.

Our Public Law solicitors conduct all stages of such matters from initial pre-action correspondence to filing, conducting and settling claims and costs negotiations and litigation. Duncan Lewis solicitors carry out both publicly and privately funded work.

To speak to an expert solicitor for your matter call 0333 772 0409.

Find full details of this case on Bailii’s website here.