£457 for man who had human rights breached by government 

Former chief secretary ordered to pay claimant

A man who had his human rights breached by the Isle of Man Government during the Coronavirus pandemic has been awarded £457.

Douglas Bayley had his claim against the former chief secretary, Will Greenhow, upheld after taking him to court over the revocation of his Manx Entry Permit in December 2020.

First Deemster Andrew Corlett, who dismissed Mr Bayley’s claim against the former chief minister, ruled that he had been deprived of ‘the peaceful enjoyment of his possessions’.

Mr Bayley was working as an engineer in the Middle East when he found himself forced to live in a hotel in Egypt due to border restrictions.

His application to return home, to his property on the Isle of Man, was refused by government – which was led by Mr Greenhow – which claimed he was not a resident and would be denied entry.

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Addressing costs, in a judgement delivered on Monday (11 July), Deemster Corlett rejected claims from the Attorney General’s Chambers that no costs should be awarded.

The court heard Mr Bayley had applied for legal costs stating it was ‘practically impossible’ to get legal representation for his case and described the Isle of Man Law Society as a ‘closed shop’.

“As such I was forced to take the case myself at some discomfort, I imagine, to the court,” he added.

He submitted a claim for £1,300 – made up of £1,000 for ‘various court procedural costs’, £50 for postage and printing and £250 to cover the time spent compiling his legal argument.

However Deemster Corlett said Mr Bayley had made ‘no real effort’ to research and substantiate his claim for reimbursement of court fees.

Mr Bayley’s claim based on the time he’d spent working on his case was also said to be ‘vague’ and ‘unsupported’.

“It is not for this court to do work for an intelligent litigant in person which he, or she, could reasonably have done by dint of some basic research,” added the deemster.

Deemster Corlett said he was ‘prepared to entertain’ Mr Bayley’s claim for reimbursement of his fees which he’d paid to the court which amounted to two payments of £228.50.

This must be paid to Mr Bayley, by Mr Greenhow, within 28 days.