5 Essex Court

Alan Payne QC

Call 1996
Silk 2019

Public / Administrative

Alan’s practice encompasses public law challenges brought against a wide range of public authorities; ranging from the Security Services, to other Government Departments, the Police, Local Authorities, and Inquiry Chair/Coronial decisions 

Recent cases include: -

R(Applicant) v (1) G (2) H & Secretary of State for the Home Department (Intervener) [2020] EWHC 1036 - challenge to the legal test applied in determining disclosure of confidential asylum material into family law proceedings.

Foreign & Commonwealth Office, (2) Sasha Wise QC) v M(1) Martin Wasama (2) Claire Gannon & Speaker of the House of Commons (Intervener) [2020] EWCA Civ 142 – challenge to the decision of an Inquiry chaired by Sasha Wise QC into alleged abuse on St Helena.

Hemmati & Ors v Secretary of State for the Home Department [2019] UKSC 2019 – challenge to the lawfulness of the detention under EU law of those subject to transfer to other EU Member States.

G4S Care and Justice Services Ltd v Dawn Luke (Suing on behalf of and as Administrator of the Estate of Dean) [2019] EWHC 1648 – Article 2 damages claim by the estate of a prisoner who had died while in prison after taking a mixture of prescribed and illicit drugs. 

SHU (2) E v Secretary of State for the Health and Social Care & (2) Secretary of State for the Home Departments [2019] EWHC 3569: – challenge to the lawfulness of the National Health Service (Charges to Overseas Visitors) Regulations 2015.

R(Applicant) v (1) G (2) H & Secretary of State for the Home Department (Intervener) [2019 EWHC 1509: - challenge to the legal test to be applied in determining disclosure of asylum material in Hague Convention abduction proceedings.

Pathan v Secretary of State for the Home Department [2018] EWCA Civ 2103 – principles applicable to determining procedural/substantive fairness for foreign employees whose employer loses its  licence to sponsor foreign nationals. Judgment from the Supreme Court awaited.

FE v YE & Secretary of State for the Home Department (Intervener) [2018] 2 WLR 200 – whether a claim for asylum made by an abducted child prevented their return under the Hague Convention.

Corbiere & Ors v Ke Xu (Defendant) & Secretary of State for the Home Department (Intervener) [2018] EWHC 112 (Ch) – a restraining order sought under Article 6 ECHR to prevent the defendant in civil proceedings from leaving the UK until the end of proceedings to recover millions fraudulently obtained by defendant.

Supawan v Secretary of State for the Home Department [2017] EWHC 2918 – challenge to the criteria in the Shortage Occupation List applicable to chefs who can work in the restaurant industry.

E7 (an officer of the MPS) v Chairman of the Inquiry into the death of Azelle Rodney and various interested parties [2014] EWHC 452 - challenge to the Inquiry Chairman’s report 

TTM v Secretary of State for the Home Department [2016] EWHC Civ 646 – challenge to revocation of the licence of an educational college.

Grenville College London and Birmingham College London v Secretary of State for the Home Department [2014] EWHC 1065 – challenge revocation of multiple licences of educational colleges.