ON APPEAL FROM THE ASYLUM AND IMMIGRATION TRIBUNAL
THE ASYLUM AND IMMIGRATION JUDGE
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE JACKSON
LADY JUSTICE BLACK
| JE (JAMAICA)
|- and -
|THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
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Mr Paul Joseph (instructed by The Treasury Solicitor) for the Respondent
Hearing date: 25th February 2014
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Lord Justice Jackson:
"a. That the Appellant's reasonable incurred disbursements (Court Fees) be paid by the Respondent in any event;
b. That the Respondent be prevented from recovery of costs, save for misconduct, against the Appellant in any event; and
c. That if the Appellant is successful in her appeal in full or part the usual costs rules apply."
"Orders to limit the recoverable costs of an appeal
(1) In any proceedings in which costs recovery is normally limited or excluded at first instance, an appeal court may make an order that the recoverable costs of an appeal will be limited to the extent which the court specifies.
(2) In making such an order the court will have regard to –
(a) the means of both parties;
(b) all the circumstances of the case; and
(c) the need to facilitate access to justice.
(3) If the appeal raises an issue of principle or practice upon which substantial sums may turn, it may not be appropriate to make an order under paragraph (1).
(4) An application for such an order must be made as soon as practicable and will be determined without a hearing unless the court orders otherwise."http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part52 - Back-to-top#Back-to-top
Lady Justice Black:
Lord Justice Laws:
[The hearing then proceeded. JE succeeded in her appeal.]