Judicial Review - Refund

[SameerSheikh]

Hi,
i applied for tier 1 -HSMP. But unfortunately got refused. Later on i had to file the pre-action protocol letter through my solicitor and there was no response from UKBA to that letter as per my solicitors statement. Then he Filed my JR which is commonly said to be stage 2. Before going to Stage 3 which is the hearing stage, UKBA granted me HSMP for initial two years.

according to my knowledge the reimbursement/refunds are done by UKBA only if we win the case in Stage 3. But what about like in my case that i won in stage 2, i spent 2000+ Pounds as i hired a solicitor. Does UKBA refunds/reimburse this amount back too? or only if its when we are in hearing stage(3) and the unsuccessful party pays the expenses for successful party at that stage only?

I came to know from a friend of mines that even if its at the pre-action protocol letter stage, UKBA reimburses all those expenses we carried out . so most like if the decision goes in our favor at any stage 1 , 2 or 3 , is UKBA responsible to pay the expenses i beared according to the stage i am in? or only at stage 3 i.e Hearing in court.

[geriatrix]

I stand to be corrected but costs of and incidental to all proceedings is at the discretion of the court. If the court hasn't passed a judgement which includes recovery of costs then there is no "refund".

Section 51 of the Senior Courts Act 1981.

I believe that you can still apply to the court for recovery of costs, despite the fact that there's been an "out-of-court" settlement of the matter.

[peppekalle]

Check this out
http://freemovement.wordpress.com/2011/ ... -on-costs/

[SameerSheikh]

I stand to be corrected but costs of and incidental to all proceedings is at the discretion of the court. If the court hasn't passed a judgement which includes recovery of costs then there is no "refund".

Section 51 of the Senior Courts Act 1981.

I believe that you can still apply to the court for recovery of costs, despite the fact that there's been an "out-of-court" settlement of the matter.

Thanks Sushdmehta, thats what i am hoping too as it doesnt makes sense to bear this cost when even UKBA knows its them who were at the administrative mistakes for assessing my application. So why should i suffer this cost.

[Obie]

UKBA don't simply issue visa, i am sure they would have asked you solicitor to withdraw the judicial review. Consent order would have been signed to that effect. The terms of that order would have included cost relief.
If that was not done, then you solicitor was wrong to withdraw claim, if that is what he/she did.
Even though the case would become academic , he should have still proceeded so that matter of cost could be resolved