Q&As

Following a judicial review consent order, the Secretary of State for the Home Department agreed our costs. Since then, we have been informed twice that payment has been processed but has not yet been received. What are the next steps? How and where can enforcement proceedings be issued and what is the correct form to use?

read titleRead full title
Produced in partnership with Tori Adams of 4 King’s Bench Walk
Published on LexisPSL on 12/10/2020

The following Immigration Q&A Produced in partnership with Tori Adams of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Following a judicial review consent order, the Secretary of State for the Home Department agreed our costs. Since then, we have been informed twice that payment has been processed but has not yet been received. What are the next steps? How and where can enforcement proceedings be issued and what is the correct form to use?

If the payment has been processed and the Secretary of State is not making payment, in the first instance the best option would be to write to them requesting that the money be paid. It would be helpful to set out in writing the circumstances in which costs were agreed, send a copy of the order and ask that payment be made. The letter can also state that if payment is not made within a certain period of time, Part 8 proceedings will be issued in order to recover the debt. The timeframe for a simple claim such as this will usually be 14 days. In sending this letter, hopefully the Secretary of State would make payment quickly.

If the Secretary of State did not respond, or still failed to make payment, Part 8 proceedings could be issued as there is no dispute of fact. This would be done in the usual way. Part 8 of the Civil Procedure Rules (CPR) states that a claim form

Related documents:

Popular documents