Alan Payne appears for the Secretary of State in Dong and Others v. Secretary of State for the Home Department

Not in the public interest to allow Claimants in five claims for Judicial Review to pursue their claims for a declaration that delay was unlawful in circumstances where an alternative remedy has afforded them just satisfaction and there is no significant public interest in their claims being heard.

Dong & Ors v SSHD [2010] EWHC 1015

Richard Drabble QC and Joanna Stevens for the Claimants

Alan Payne appeared for the successful Secretary of State

The Claimants sought a declaration that the SSHD’s delay in issuing them their status papers was unlawful. Prior to the hearing the Secretary of State had referred the matter to the internal complaints procedure (a course of action the Claimants had previously declined to follow), which resulted in letters being sent to each Claimant, acknowledging unacceptable delay, apologising unreservedly and offering compensation to all but one of the Claimants.

After hearing preliminary argument from the parties on the point, Mr Justice Treacy ruled (applying CPR rule 54.4) that the proceedings should not be allowed to continue in circumstances where an alternative remedy had already afforded the Claimants' just satisfaction. The learned judge robustly rejected the submission made on behalf of the Claimants, that they were entitled to a judicial declaration that the delay was unlawful, commenting that:

the line of strong judicial practice and encouragement to seek to avoid litigation in this court when there are other adequate remedial means available would be largely rendered otiose if the obtaining of a declaration had the significance attributed to it by Mr Drabble QC. The significant cost and involvement of court and judicial time might be justified if there were matters representing a significant public interest involved in these claims.

Proceedings were stayed to allow the Claimants to make representations to the Secretary of State about the adequacy of compensation offered.