Saqib, R (On the Application Of) v Secretary of State for the Home Department

A judicial review claim may be dismissed where the claimant gives clear notice that he no longer wishes to pursue it. The court may then determine the consequential costs, including by summarily assessing the defendant’s costs and making adjustments to claimed attendances and document work.

The claimant sought judicial review of the Secretary of State’s refusal of entry clearance as a Tier 4 (General) student. He alleged that the decision was unlawful and irrational because the Secretary of State had failed to consider his current sponsor and had not applied a policy allowing additional time to find a new sponsor.

After permission had been granted, the claimant’s solicitors informed the court that, on his instructions and of his own volition, he did not wish to proceed. The court therefore addressed withdrawal of the claim and the resulting costs.

1. The claimant’s statement, communicated through his solicitors, constituted notice that he wished to withdraw the judicial review claim. The claim was accordingly dismissed.
2. The dismissal gave rise to a costs order in favour of the Secretary of State. The court summarily assessed the costs, recognising that work had been undertaken after permission had been granted, including preparation of detailed grounds and a skeleton argument.
3. The court allowed three hours for letters out on attendances on the client, allowed 1.2 hours for letters out on attendances on opponents, and reduced the claimed document costs from £1,338 to £1,278. It declined to allow additional costs for a new file holder to read into the matter.
4. Subject to those amendments, the claimed costs were allowed, together with VAT, and were directed to be paid within 14 days.