AYA & Ors, R (on the application of) v Secretary of State for the Home Department

Facts

Five claimants, AYA, EXR, GIP, HRE and KAG, brought judicial review claims against the Secretary of State for the Home Department. These were separate sample actions, directed to be tried together, and the claimants were represented by legal-aid practitioners. The claimants had arrived in the United Kingdom on small boats and were considered for removal to France under the Treaty between the United Kingdom and France on the Prevention of Dangerous Journeys. Apart from AYA, they challenged the Secretary of State's amendment to the Modern Slavery: Statutory Guidance for England and Wales, issued under section 49 of the Modern Slavery Act 2015. The amendment removed the right to request reconsideration of negative trafficking decisions. Each claimant also challenged decisions made in his own case. AYA had been removed from the Operation Hillmore cohort shortly after the court decided his application for interim relief, and he took no part in the challenge to the Guidance. After a rolled-up hearing on 29–30 April and 1 May 2026, Sheldon J gave judgment on 10 July 2026 in [2026] EWHC 1742 (Admin). The claimants succeeded overall on the Guidance challenge, and the individual claims had mixed results. Consequential matters were heard on 23 July 2026, and orders were made on 4 August 2026 on everything except costs. This judgment deals with costs.