[2025] EWCA Civ 1134

The Home Office was informally sent copies by CTM of the documents relating to the Council’s application on 12 August 2025. SSHD’s evidence is that there was no attendance at the hearing on 15 August because of the lack of service/notice by the Council, and also because it was unclear until the application became the subject of public press reporting what the live issues would be. Further, the SSHD had been led to understand (wrongly, as it turned out) that Somani was applying for an adjournment of the hearing but this was refused. On 15 August 2025, the Home Office sought to instruct specialist counsel to represent the SSHD at the hearing but none was available. The SSHD contends that it sought to respond to the application as soon as possible given the practical constraints involved.

The SSHD’s representatives first made contact with the court by email sent at 3:18pm on Friday 15 August; this was sent to the judge’s former clerk, and as a result it was not considered by the court until after the conclusion of the hearing of the interim injunction application. A further email was sent at 12:34pm on Monday 18 August intimating that an application to be joined as a party would be made. The application was sent at 5:23pm on 18 August. On 19 August, prior to the delivery of judgment in the injunction application, the SSHD, represented by Edward Brown KC and Katharine Elliot, made the application for joinder which was refused.