Court refuses interim injunction in Channel cases

The Claimants, the Public and Commercial Services Union and Care 4 Calais, applied for an interim injunction to suspend the Secretary of State’s policy of intercepting migrant boats in UK waters. The claim is one of three linked cases – the others brought by Channel Rescue and Freedom from Torture - challenging the policy.

Swift J dismissed the application for an injunction, concluding that while there was a serious issue to be tried in respect of one of the grounds pleaded by the Claimants, the balance of convenience weighed in favour of permitting the Secretary of State to maintain her policy. In that respect, the Judge placed significant weight on the safeguards set out within the policy, which he described as showing a comprehensive identification of risk arising from channel crossings and the use of the tactic.

All three claims have been listed for a rolled-up hearing, to be heard by May this year.

David Blundell QC and Julia Smyth acted for the Secretary of State, with Naomi Hart (Essex Court) and Harriet Wakeman (Temple Garden Chambers).