ZN (Afghanistan) and another v Secretary of State for the Home Department

Costs – Order for costs. Although the appellant refugees had been able to resist removal from the UK as a result of administrative failings on the part of the respondent Secretary of State, they could not have been regarded as having been successful in the litigation for the reason that, if the appeals had proceeded to be determined on their merits, there could be no doubt that they would have been dismissed. Accordingly, the Court of Appeal, Civil Division, dismissed the appellants' application for costs. The court also provided guidance on costs in relation to publicly funded litigants.

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