FRY & Ors, R (on the application of) v Secretary of State for Defence

Facts

Three judicial review claims, brought by FRY, BNM1 and LRB, challenge decisions of the Secretary of State for Defence concerning Afghan nationals seeking relocation to the UK, including the decision announced on 28 April 2026 to end in-country support and relocation assistance and the approach to support in third countries. By orders of 16 June and 6 August 2026, Mould J directed that the claims be heard together as lead cases, with a hearing beginning on 12 October 2026, and set a timetable. The defendant had already made very many applications to extend time, many after the deadline. The defendant missed the 14 August disclosure deadline, applied late for relief from sanctions, and then sought a further extension. A court lawyer granted that extension, reluctantly. The parties then agreed revised dates, with the defendant's evidence due on 29 September, which the claimants said was the latest possible date. The defendant did not comply with paragraph 1 of an order made by Fordham J on 18 September by its deadline of 21 September, and applied late to extend time to 25 September. The defendant then failed to file the skeleton argument, amended detailed grounds or OPEN disclosure by 25 September, or the evidence by 29 September. After 4pm on 29 September the defendant applied to extend time to 5 October. The application was referred to Chamberlain J, who heard it on 2 October 2026.