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Judicial review is a staged process, and the cost depends on how far it goes. Many claims end at the pre-action stage or after permission is granted, so the full cost is not always incurred. We quote a fixed fee for each stage before you commit to it.
The stages and what they involve
- Assessment and pre-action letter. Reviewing the papers, advising on prospects and sending the letter before claim.
- Issuing the claim. Grounds, witness statement, bundle and the Upper Tribunal fee.
- Permission. On the papers, and if necessary at an oral hearing.
- Substantive hearing. Preparation, skeleton argument and advocacy, usually with counsel.
Our fee for each stage is on our fees page and is confirmed in writing before the stage begins.
Court fees
The Upper Tribunal charges a fee to issue the claim and a further fee if permission is granted. Fee remission is available for people on low incomes or benefits; we apply for it.
Who pays whose costs
- If the claim succeeds, or the Home Office concedes after the claim is issued, you can usually recover your costs from the Home Office.
- If permission is refused or the claim fails, you can be ordered to pay the Home Office's costs of the acknowledgment of service and, after permission, of the hearing. We advise on this risk at each stage and do not continue a claim we think will fail.
Legal aid
Legal aid is available for judicial review where you qualify financially and the case has sufficient merit, including challenges to detention, removal and refusals of protection and some human rights claims. Where a case is outside the usual scope, exceptional case funding can be sought. The firm holds a legal aid contract; we assess eligibility at the first call.
Keeping the risk under control
We send a pre-action letter before anything else, because it is cheap and often decisive. We advise on prospects in writing before issuing, and again after the Home Office's response and after permission.
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