Costs
R (on the application of ABB) v Secretary of State for the Home Department [2026] EWCA Civ 61
The Court of Appeal, Civil Division, allowed ABB’s appeal against a costs order made by the Upper Tribunal following successful judicial review proceedings concerning a visa refusal. The Secretary of State for the Home Department had been ordered to pay 75% of ABB’s reasonable costs, but ABB appealed, arguing that he should be awarded his full costs. The key issue was whether the Upper Tribunal judge erred in reducing costs when ABB had achieved his primary remedy of entry clearance for 36 months. The court held that this was a category one case under the principles in R (M) v Croydon LBC [2012] EWCA Civ 595, where ABB was ‘wholly successful’ having obtained the visa he sought. The court found the secretary of state failed to discharge the heavy burden of justifying departure from the general rule that successful parties receive full costs, particularly where the secretary of state failed to comply with the pre-action protocol while ABB had complied. The secretary
