ABW -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2024-LON-001587
In the High Court of Justice
King’s Bench Division
Administrative Court
14 June 2024
Before:
The Honourable Mr Justice Constable
Between:
The King on the application of
ABW
-v-
Secretary of State for the Home Department
Order
Notification of the Judge’s decision on the application for permission to apply for judicial review (CPR 54.11, 54.12)
AND On the Claimant’s application for interim relief
Following consideration of the documents lodged by the Claimant and by the Defendant
ORDER by the Honourable Mr Justice Constable
1. The Order dated 7 June 2024 is set aside and replaced by this Order.
2. The application for permission to apply for judicial review is granted.
3. The anonymity Order granted by Sheldon J dated 14 May to remain in place until further Order.
4. 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.
5. The application is to be listed for 1 day; the parties to provide a written time estimate within 7 days of service of this order if they disagree with this direction.
6. Costs reserved.
Observations/Reasons
1. The grounds for judicial review 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 Defendant and any other person served with the Claim Form who wishes to contest the claim or support it on additional grounds shall, within 35 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.
2. Any application by the Claimant to serve evidence in reply shall be filed and served within 21 days of the date on which the Defendant serves evidence pursuant to 1(b) above.
3. The parties shall agree the contents of the hearing bundle and must file it with the Court not less than 4 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. The parties shall, if requested by the Court lodge 2 hard-copy versions of the hearing bundle.
4. The Claimant must file and serve a Skeleton Argument not less than 21 days before the date of the hearing of the judicial review.
5. The Defendant and any Interested Party must file and serve a Skeleton Argument not less than 14 days before the date of the hearing of the judicial review.
6. 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 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 judicial review.