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Costs in Immigration Judicial Reviews in the Upper Tribunal
Data Law Limited
Summary
Overview
Learning Outcomes
- Appreciate the differences in approach between the two main authorities
- Understanding how the degree of success affects what kind of costs order is appropriate and the types of arguments that are required where costs are in dispute.
- Recognise the circumstances in which you can challenge the rate at which costs are claimed by the Defendant, or a costs order made by the UTIAC, and know how to do so successfully
What is the target audience?
- Immigration law practitioners
Description
Delivered by lecturer and barrister Ben Amunwa, this webinar provides an overview of the procedural framework that applies to getting costs in immigration cases in the Upper Tribunal (Immigration and Asylum Chamber) (‘UT’) and has been broken down into 4 easy to digest sections:
Part 1
This section will focus on the procedure for obtaining costs in judicial review in the UTIA and will discuss identifying the powers to award costs, the basic principles and requirements for making a costs order, how and when to apply and what must be considered when orders are made.
Part 2
Disputes about costs in the UTIA are dominated by 2 cases; Although decided within 1 year of each other by the Court of Appeal, the slightly different approaches taken in each case will be examined during this session. In addition, viewers will receive guidance on how to present arguments based on the key principles in certain common scenarios following a settlement of a judicial review claim.
Part 3 & 4
During these two final sessions lecturer Ben Amunwa will offer an insight into several common scenarios including what is the appropriate costs order when the Defendant fails to serve an Acknowledgment of Service or substitutes a new decision during the judicial review proceedings. Consideration will be given to whether you can challenge the rate at which costs are claimed by the Defendant and how to challenge a costs order made by UTIAC.
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