ADL and others -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

CO/4273/2022
CO/4274/2022
CO/4275/2022
CO/4272/2022

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

17 November 2022

Before
The Honourable Mr Justice Julian Knowles

Between:
The King on the application of (1) ADL, (2) Fabio Dos Reis, (3) BNE (by his mother and litigation friend, CBR) and (4) PER
-v-
Secretary of State for the Home Department

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On an application by the Claimants for urgent consideration and interim relief
Following consideration of the documents lodged by Claimant

Order by the Honourable Mr Justice Julian Knowles

  1. The four claims are joined.
  2. The Claimants’ solicitors must file and serve a core bundle of no more than 200 pages by 4pm on Tuesday 22 November 2022 together with a list of essential reading.
  3. The Claimants’ solicitors must file and serve a Revised Statement of Facts and Grounds of no more than 25 pages by 4pm on Tuesday 22 November 2022.
  4. Pursuant to CPR r 39.4 and having regard to the fact that the First, Third and Fourth Claimants are persons to whom s 1(1)of the Sexual Offences (Amendment) Act 1992 applies: (a) there be substituted for all purposes in these proceedings in place of references to the Claimants by name, and whether orally or in writing, references to the letters ‘ADL’ (for First Claimant), ‘BNE’ (for the Third Claimant), and ‘PER’ (for Fourth Claimant); (b) there be substituted for all purposes in these proceedings in place of references to the Third Claimant’s litigation friend by name, and whether orally or in writing, references to the letters ‘CBR’; (c) until further order, the publication in connection with these proceedings of the names of the First, Third and Fourth Claimant and the Third Claimant’s litigation friend, or any particulars or details calculated to lead to their identification, is prohibited; (d) a non-party may not obtain or inspect a copy of any Statement of Case or any other document filed with the Court and to which a non-party may have access pursuant to CPR 5.4A-D or otherwise, unless it has been produced or edited so as to comply with paragraphs 4(a) and 4(b) of this Order and/or any subsequent direction made by the Court.
  5. The Defendant shall file a response to the application for judicial review and interim relief by 4pm on Friday 2 December 2022.
  6. The matter shall be listed for an oral hearing as soon as reasonably practicable thereafter, with a time estimate of two hours.
  7. Costs reserved.

Reasons

  1. Both the bundle and the Statement of Facts and Grounds that have been lodged are of a disproportionate and unreasonable length. The bundle alone is over 1500 pages. The Claimants’ solicitors must therefore comply forthwith with [1] and [2] above.
  2. The Claimants’ proposed timetable of an oral hearing next week is plainly unrealistic, and again unreasonable, given the length of the papers they have filed; the number of grounds raised (a total of eight); their complexity; and their importance. The Defendant needs to be given proper time to respond.