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Neutral Citation Number:	2015 UKUT 566 AAC
Reported Number:
File Number:	JR 2638 2012
Appellant:	R (MM and DM)
Respondent:	Secretary of State for Work and Pensions (Costs)
Judge/Commissioner:	Three-Judge Panel / Tribunal of Commissioners
Date Of Decision:	20/10/2015
Date Added:	30/10/2015
Main Category:	Tribunal procedure and practice (including UT)
Main Subcategory:	costs
Secondary Category:
Secondary Subcategory:
Notes:	Reported as [2016] AACR 12 Tribunal procedure and practice – costs – case transferred from High Court to UT – UT to apply approach taken under rule 44.2 of the Civil Procedure Rules Judicial review – discretionary transfer – costs – principles to be adopted Following the Upper Tribunal’s decision in R (MM and DM) v Secretary of State for Work and Pensions [2013] EWCA Civ 1565; [2016] AACR 11 both the Secretary of State and the applicants applied for their costs in pursuing the case. The issue before the Upper Tribunal (UT) was to decide the costs regime that applied in its judicial review jurisdiction when the High Court had exercised its discretion to transfer proceedings to the UT. Held, allowing the application by the Secretary of State, that: 1. the proper approach in such cases was for the UT to apply the same principles and general approach to a decision on costs as would be applied by the Administrative Court under rule 44.2 of the Civil Procedure Rules (paragraphs 18 and 50); 2. (per Chamber President and Judge Lane) given the relevant factors, the applicants should pay the Secretary of State the percentage of his costs in the UT equal to the costs that the Court of Appeal had ordered him to pay to them, the award for costs made by the UT being set-off against the award of costs made by Court of Appeal (paragraphs 87); 3. (per Judge Jacobs, dissenting) allowance should be made for the measure of the applicants’ success by way of a reduction in the Secretary of State’s award of costs (paragraph 93). Includes File No. JR/2639/2012
Decision(s) to Download:	[2016] AACR 12ws.doc