Hearings
10 Nov 2014 [2014] EWHC 4048 (Admin), QBD (Collins J)
04 May 2016 [2016] EWCA Civ 415; [2016] 1 WLR 4853; [2016] WLR (D) 248, CA (Lloyd Jones, McCombe, Beatson LJJ)
02 Nov 2016 Permission to appeal to Supreme Court refused
R (Tesfay) v Secretary of State for the Home Department
Additional names
See also
Subject Matter
COSTS — Judicial review — Settlement of proceedings — Home Secretary certifying claimants’ human rights claims as clearly unfounded— Claimants seeking judicial review of certification decisions— Home Secretary withdrawing certifications following Supreme Court decision— Whether Court of Appeal having jurisdiction to order costs below and on appeal where permission to appeal not yet granted— Whether claimants successful party— Whether costs to be awarded— Senior Courts Act 1981 (c 54) (as amended by Courts and Legal Services Act 1990 (c 41), s 4(1)), ss 15(3), 51(1) — CPR r 44.2
[2016] EWCA Civ 415; [2016] 1 WLR 4853; [2016] WLR (D) 248, CA
Appellate History
Brahane v Secretary of State for the Home Department [2013] EWHC 123 (Admin); [2013] CN 168, QBD
Decision of Mitting J reversed
R (Tesfay) v Secretary of State for the Home Department [2016] EWCA Civ 415; [2016] 1 WLR 4853; [2016] WLR (D) 248, CA
R (Tesfay) v Secretary of State for the Home Department [2014] EWHC 4048 (Admin), QBD
Decision of Collins J reversed
R (Tesfay) v Secretary of State for the Home Department [2016] EWCA Civ 415; [2016] 1 WLR 4853; [2016] WLR (D) 248, CA
Commentary
Blackstones Civil Practice 2023
Costs of Particular Types of Proceeding - Costs on an appeal
68.36
Costs of Particular Types of Proceeding - Judicial review and public law proceedings 68.39