June 7, 2024

ABW -v- Secretary of State for the Home Department (anonymity order)

Administrative Court High Court King's Bench Division Anonymity Order

Claim number: AC-2024-LON-001587

In the High Court of Justice
King’s Bench Division
Administrative Court

7 June 2024

Before:

The Honourable Mr Justice Constable

Between:

ABW

-v-

Secretary of State for the Home Department

Order

NOTIFICATION of the Judge’s decision (Crim PR 50.22)

AND On the Claimant’s application for interim relief

Following consideration of the documents lodged by the Appellant and the Respondent

ORDER by the Honourable Mr Justice Constable

1. The application for permission to appeal is granted.

2. The anonymity Order granted by Sheldon J dated 14 May to remain in place until further Order.

3. The Defendant is required to reinstate the Claimant’s NRM support as a Reasonable Grounds victim to which he otherwise would have been entitled but for the POD, until the determination of these proceedings or further Order.

4. Time for the hearing of the appeal under Crim PR 50.23 is extended to the hearing date.

5. The appeal will have a time estimate of 1 day. If the parties are of the view that a different time estimate is required they must notify the Court within 7 days of the date of this Order.

6. The listing date will be fixed by the Listing Office in accordance with Crim PD 2023, Part 12, §§12.3.10 – 13.

7. Costs reserved.

Observations/Reasons

1. The grounds of appeal are reasonably arguable and there is a serious issue to be tried.

2. The balance of the convenience, particularly in light of the evidence of vulnerability but also considering the strength of the prima facie case, lies in favour of continued provision of the Claimant’s NRM support until the determination of these proceedings or further Order.

Case management directions

1. The parties are under a duty to comply with the directions that follow. If the parties are unable to do so, they are under an obligation to explain to the Court the reasons for any non-compliance. and to seek such further direction as may be necessary to ensure that the case is dealt with expeditiously and fairly. Failure to comply with these directions may lead to the appeal being determined on the material before the Court at the date of the hearing and may have costs consequences.

2. If you are a litigant in person or cease to be represented these directions apply to the appeal and, if you are in custody, the appeal will be heard by live link from the prison.

3. The parties shall agree the contents of the hearing bundle and must file it with the Court not less than 14 days before the date of the hearing of the appeal. An electronic version of the bundle shall be prepared and lodged in accordance with the Guidance on the Administrative Court website. The parties shall, if requested by the Court lodge 2 hard-copy versions of the hearing bundle.

4. The Appellant will file and serve a skeleton argument 14 days prior to the hearing date. This may be filed by email to crimex@administrativecourtoffice.justice.gov.uk

5. The Respondent will file and serve a skeleton argument 7 days prior to the hearing date. This may be filed by email to crimex@administrativecourtoffice.justice.gov.uk

6. The parties shall agree the contents of a bundle containing the authorities to be referred to at the hearing of the appeal. An electronic version of the bundle shall be prepared in accordance with the Guidance on the Administrative Court website. The parties shall if requested by the Court, prepare a hard-copy version of the authorities bundle. The electronic version of the bundle and if requested, the hard copy version of the bundle, shall be lodged with the Court not less than [7] days before the date of the hearing of the appeal.

7. The parties will promptly notify the Court of any application for further directions that may be required to ensure that the appeal proceeds on the date that has been fixed for the hearing.

8. Any application to vary these directions must be made on Form EX244. A fee is payable, please refer to the full list of fees at https://www.gov.uk/court-fees-what-they-are