No costs for leave application where papers were not served in the time provided in the order

Asylum and immigration – judicial review – costs of legal proceedings – moot proceedings - agreed that the applicant is to get costs of the proceedings up to the date of the state’s open offer - costs of the leave hearing is the only point of contention – wording of the order – practice direction – papers should be served within seven days – otherwise costs of leave application not recoverable - delay in serving papers – one day - town agents had not informed themselves either of the currently applicable procedures more generally, or more specifically of the terms of the order in this particular case - clearly provided in the Practice Direction that the default terms will apply unless otherwise ordered - no particular injustice has been shown to the applicant - not disputed on behalf of the applicant that the papers could have been served in time - complaint is also made that a generic order was applied without individualised judicial consideration – court willing to entertain and consider any application to vary the default terms set out in the Practice Direction – no application made – prejudice to the defendant - no force majeure - costs of the leave application have already been disposed of - the applicant did not make any application or submission to disapply the default wording - default wording was adopted - application for costs of the leave hearing is totally misconceived – costs of the costs application follow the event – set off – stayed pending appeal –