Using a lawyer for appeal, who pays?

[Ben]

Quick question folks,

If the applicant of a residence card employs a lawyer for an appeal, and the appeal is won (the judge rules that the UKBA are in breach of the law) - who pays for the lawyer?

[Plum70]

The applicant I would think. Don't see why not.

[Ben]

I would think so too, but then I thought twice - if a mistake has been made by the UKBA in relation to the rules or to the law, shouldn't costs be paid by the party at fault?

Apologies if this seems naïve - lawyers, barristers, solicitors and court proceedings are not my strong point.

[86ti]

Not that I would know, but maybe the applicant would have to recover the costs through further proceedings against the UKBA?

[Obie]

If it is an appeal against a decision, then the AIT have no power to ask the UKBA to make payment to the winning party.

If you want to ask for payment of your legal fee, the matter will need to be taken to a civil court.

Had it been a Judicial Review against an unlawful UKBA decision, which was subsequently found to be unlawful, and the appropriate order made against it, then the Hight Court Judge would have power to ask the UKBA to cover all or most of the cost of the winning party, especially if it was clear from the onset that the Secretary of State was aware the decision was unlawful.