SS (Congo) and Others v SSHD
[2015] EWCA Civ 387, in particular at [93], I would consider this to be a proper case to extend time. The delay of a month is substantial and I would conclude that it is “serious” though not “significant”. There has been no explanation for the delay offered. However, there is little, if any, prejudice to the respondent beyond the fact of the decision being subject to challenge and the claim raises an important point on the proper application of the 2000 Order. This would, I venture to say, be a proper case to extend time. However, given the stance taken by Mrs Gray the issue of timeliness does not arise. 19. The second matter raised by Mrs Gray concerned the state of the applicant’s grounds of claim. At the oral renewal, the applicant’s (then) Counsel sought to rely upon grounds different from those set out in the claim form. Although there was no formal direction to prepare amended grounds reflecting the basis upon which permission had been granted, Mrs Gray (who represented the respondent at that hearing also) indicated that she had been expecting a set of amended grounds from the applicant’s representatives. None have, in the result, been filed with the Tribunal with the appropriate application to amend. 20. At the hearing, I suggested that a possible course was to treat the skeleton argument of Mr Syed-Ali (who now represented the applicant) as being the amended grounds. Mrs Gray accepted that the Secretary of State had in her detailed grounds of defence and skeleton argument anticipated the amended grounds and the basis of the applicant’s claim that the curtailment decision was ineffective, that being the basis upon which permission had been granted. She did not demur from my taking Mr Syed-Ali’s skeleton argument as a set of amended grounds. I am content to do so and grant the applicant permission to amend his grounds accordingly. To do otherwise would elevate form over substance given the absence of any prejudice or misunderstanding as to the basis of the applicant’s claim in this case. 21. With those preliminary matters put aside, I turn to the substance of the applicant’s claim.