[2025] UKUT 00351 (IAC)

Mr Holmes invited us to consider awarding costs against the Secretary of State on the basis that the conduct of the proceedings has been unreasonable in seeking to resurrect a case they had expressly decided not to contest. In statutory appeals in this jurisdiction, the usual approach is that costs are not awarded upon the conclusion of proceedings. The residual power to award costs based on unreasonable conduct of proceedings is a measure of last resort. We are not satisfied that such an order would be appropriate. The Secretary of State was granted permission to appeal on the strength of an arguable case relating to an important point of principle. While we have rejected the substance of their arguments in our final analysis, the proceedings have provided an opportunity to give detailed consideration to substantive and procedural issues of some importance. To adopt the suggested approach of making such a costs order against the party who has brought the appeal might have unintended consequences of deterring parties pursuing arguable grounds of appeal if it were thought that an order for costs might be the outcome if unsuccessful. In all the circumstances, we are satisfied that this is not one of those rare cases where such a costs order is merited. We make no order for costs.