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Emezie v Secretary of State for the Home Department [2013] EWCA Civ 733 - 26/06/13

Description

Appeal against a rejection of a claimant's costs of a compromised judicial review.

Held: Where a claimant in an administrative court case has been wholly successful, whether following a contested hearing or pursuant to a settlement, all costs are recoverable unless there is some good reason to the contrary (per M v Croydon [2012] EWCA Civ 595). Boxall v Waltham Forest LBC (2001) 4 CCL Rep 258 no longer applicable.

In the present case, the judge did not refer to M v Croydon, which was applicable at the date of the order. Secretary of State ordered to pay the claimant's costs of the judicial review proceedings and of the appeal on the standard basis.

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