ABC -v- Devon County Council (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2023-LON-003406
In the High Court of Justice
King’s Bench Division
Administrative Court
15 February 2024
Before:
Matthew Butt KC sitting as a Deputy Judge of the High Court
Between:
The King on the application of
R (ABC) (a child, by his mother and litigation friend XYZ)
-v-
Devon County Council
Order
Notification of the Judge’s decision on the application for permission to apply for judicial review (CPR 54.11, 54.12)
Following consideration of the documents lodged by the Claimant and the Acknowledgement of service filed by the Defendant
ORDER by Matthew Butt KC sitting as a Deputy Judge of the High Court
1. The application for permission to apply for judicial review is adjourned to be listed in court as an expedited “rolled-up hearing”, on notice to the Defendant as soon as possible after 04 March 2024. If permission to apply for judicial review is granted at that hearing, the Court will proceed immediately to determine the substantive claim.
2. The application is to be listed for 2.5 hours; the parties to provide a written estimate within 7 days of service of this order if they disagree with that estimate.
3. Pursuant to CPR r.39.2, the identity of the Claimant shall not be disclosed and these proceedings shall be known as R (ABC) (a child, by his mother and litigation friend XYZ) v Devon County Council.
4. In the event that such an order is necessary, time for service of the claim form is extended.
Reasons
1. The Claimant has requested an expedited rolled up hearing due to the fact that ABC is out of education pending resolution of this claim and that in cases of this kind “speed must be of the essence” H v East Sussex County Council [2009] EWCA Civ 249; [2009] ELR 161 at [13]. The Defendant does not object to this course. I agree that given the issues in this case and the clear need for expedition that is the correct course.
2. The hearing should be expedited per this order but cannot be listed until the case management directions (below) have been complied with. The earliest hearing date has been set with this in mind.
3. There is a dispute as to whether the claim form was served in time. No prejudice has been caused to the Defendant. If an extension is required to the date of service that is granted.
4. I make an anonymity order to protect the Claimant’s Article 8 rights.
Case Management Directions
1. The Claimant must, within 7 days of the date of service of this Order, file an undertaking to pay the continuation fee (see below) if permission to apply for Judicial Review is granted
2. The Defendant shall, within [14] days of the date of service of this Order, file and serve (a) Detailed Grounds for contesting the claim or supporting it on additional grounds, and (b) any written evidence that is to be relied on. For the avoidance of doubt, a party who has filed and served Summary Grounds pursuant to CPR 54.8 may comply with (a) above by filing and serving a document which states that those Summary Grounds shall stand as the Detailed Grounds required by CPR 54.14.
3. Any application by the Claimant to serve evidence in reply shall be filed and served within [7] days of the date on which the Defendant serves evidence pursuant to 1(b) above.
4. The parties shall agree the contents of the hearing bundle and must file it with the Court not less than [2] weeks before the date of the hearing of the judicial review. An electronic version of the bundle shall be prepared and lodged in accordance with the Guidance on the Administrative Court website.
5. The Claimant must file and serve a Skeleton Argument not less than [14] days before the date of the hearing of the judicial review.
6. The Defendant and any Interested Party must file and serve a Skeleton Argument not less than [7] days before the date of the hearing of the judicial review.
7. The parties shall agree the contents of a bundle containing the authorities to be referred to at the hearing. An electronic version of the bundle shall be prepared in accordance with the Guidance on the Administrative Court website. The electronic version of the bundle shall be lodged with the Court not less than [3] days before the date of the hearing of the judicial review.
8. CPR 2.11 shall not apply to these proceedings.