Message from Mr Justice Mostyn: amendments to standard orders

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Following the publication of the report of the Public Law Working Group (PLWG), and in particular noting the observations about the standard orders in public law cases, a small committee comprising HHJ Hess, HHJ Dancey, HHJ Moradifar and Alex Laing has recommended amendments to the standard orders.

The amendments not only give effect to the recommendations of the PLWG, but also reflect the Guidance of the President on the Form of Orders in Children’s Cases of 17 June 2019.

With the agreement of the President, I am pleased to announce the following changes to the standard orders which implement those recommendations and Guidance.

Order 8.2, the Public Law Case Management Directions and Orders Precedent Library is augmented to provide for the following general provisions rubric:

General provisions in this order, the first case management order, to apply in subsequent case management orders.

The following provisions in this first case management order shall apply throughout these proceedings unless the subsequent order expressly makes different provision:

  • The declaration made under the heading of “Jurisdiction”.
  • The identification of an allocated judge under the heading “Allocation”.
  • The provisions made under the heading of “Documents/Bundles”.
  • The provisions made under the heading of “Variation of orders”.

Order 8.3, the Public Law Directions and Orders at Case Management Hearing is augmented by the general provisions rubric.

Order 8.4 is replaced by a new order, the Short Form Order for any Hearing other than the First Case Management Hearing and the Final Hearing,

These changes take effect immediately.

Files of these orders and the complete suite of all of the Standard Children and Other Orders in their current form (including these orders) are attached below.

All of the standard orders, whether relating to children, financial remedies or otherwise, will be reviewed later this year to make the necessary changes consequent on the United Kingdom having completed on 31 December 2020 its withdrawal from the European Union.