Tasyurdu v Immigration Appeal Tribunal

CPR 1.3 requires parties and their legal advisers to assist the court in achieving the overriding objective, including by making proper use of court resources. A solicitor or, where appropriate, counsel must notify the Civil Appeals Office as soon as it is known that a listed application or appeal will not proceed.

Where a fixture may not proceed, an early indication may be given without prejudice. The listing need not be altered until withdrawal is confirmed. If an order is sought for a public-funding assessment after withdrawal, the judge should be told whether any further costs are in fact claimed.

The applicant’s asylum claim had been refused and his appeal dismissed by an Adjudicator and subsequently by the Immigration Appeal Tribunal. A direct paper application for permission to appeal to the Court of Appeal was refused. Although the applicant’s advisers decided on 4 March 2003 that a renewed oral application had no realistic prospect of success, the court was notified only on the morning fixed for its hearing.

The court listed the matter of its own motion to investigate the late withdrawal and any possible effect on costs recoverable from the Legal Services Commission. The applicant’s solicitor accepted that the delay was an oversight and apologised. The central issue was the professional duty to notify the court promptly when a listed matter will not proceed.

1. The renewed application had been withdrawn. The court did not determine the merits of the underlying asylum appeal. It accepted without reservation the solicitor’s apology and accepted that the failure to notify the court promptly was a one-off oversight by a competent and conscientious solicitor.

2. Lord Phillips MR held that CPR 1.3 imposes on parties and their legal advisers a duty to assist the court in achieving the overriding objective. Appropriate use of court resources is part of that objective. The duty is frustrated when the court is not told promptly that a listed hearing will be ineffective.

3. Accordingly, solicitors, and counsel where appropriate, must ensure that the Civil Appeals Office is informed as soon as it is known that an application or appeal will not proceed. If a fixture may not proceed, it is helpful to give the office an early warning. Such information may be given without prejudice: the listing will remain unchanged until withdrawal is confirmed.

4. Lord Phillips MR added that, even where a case settles at a late stage, steps should be taken to notify the relevant judges’ clerks in advance. Lord Justice Sedley agreed. He further observed that a judge asked to make a costs order for public-funding assessment should be told if no costs are claimed after the decision to withdraw, so that the judge can be assured that the proposed order does not cover unclaimed further costs.

• Court of Appeal (Civil Division) — considered, at the court’s request, the late withdrawal of a renewed application for permission to appeal and gave procedural guidance.
• Immigration Appeal Tribunal — granted permission to appeal after further consideration, but dismissed the applicant’s appeal.
• Adjudicator — dismissed the applicant’s appeal against the refusal of asylum in July 2001.