Chaparadza, R (on the application of) v Secretary of State for the Home Department

An adjournment may be granted where late legal representation has materially reformulated a judicial review claim and further factual clarification is needed to enable a fair and proportionate hearing. Where the need for an adjournment results from the claimant’s delayed reformulation of the claim, the court may order the claimant to pay the other party’s reasonable costs of the adjourned hearing, subject to detailed assessment and any applicable legal-aid rules.

The claimant sought judicial review of three decisions by the Secretary of State: failure to determine an application for leave to remain, refusal to treat further submissions as a fresh asylum claim, and detention between 11 April and 20 June 2014.

Shortly before the substantive hearing, the claimant obtained legal aid and counsel. The claim was reformulated, and factual issues arose concerning exhaustion of appeal rights, service of an October 2011 decision, and the operation of section 3 C leave under the Immigration Act 1971. The claimant applied for an adjournment.

1. The application for an adjournment was granted. The substantive hearing was adjourned because further factual matters required resolution and both parties needed to clarify their cases.
2. The court considered the adjournment justified despite its lateness. It would enable the dispute about when appeal rights were exhausted, whether the October 2011 decision had been served, and the status and possible termination of section 3 C leave under the Immigration Act 1971 to be properly formulated and determined.
3. The claimant was ordered to request any additional documents within 14 days, to serve amended grounds within 21 days of receiving those documents, and the defendant was required to serve amended grounds of response within 21 days thereafter. The claim was to be relisted for the first available one-day hearing.
4. Costs were reserved, save that the claimant was ordered to pay the defendant’s reasonable costs of the hearing, subject to detailed assessment and determination of liability under the relevant legal-aid provisions. The need for the adjournment arose from the claimant’s reformulation of the claim, and the associated expense could have been avoided by more prompt action.