January 30, 2025

ADS -v- London Borough of Haringey (anonymity order)

Administrative Court High Court King's Bench Division Anonymity Order

Claim number: AC-2024-LON-004203

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

30 January 2025

Before:

Aidan Eardley KC sitting as a Deputy High Court Judge

Between:

The King on the application of
ADS

-v-

London Borough of Haringey

Order

Notification of Judge’s Decision (CPR 54.11, 54.12)

Following consideration of the documents filed by the Claimant and the Defendant’s Acknowledgment of Service and Summary Grounds of Defence

ORDER BY AIDAN EARDLEY KC SITTING AS A DEPUTY HIGH COURT JUDGE

1. Anonymity and Reporting Restriction:
(a) The Claimant’s name is to be withheld from the public and must not be disclosed in any proceedings in open court.
(b) The cypher ADS is to be substituted for all purposes in these proceedings in place of references to the Claimant by name, whether orally in writing.
(c) Pursuant to s.11 Contempt of Court Act 1981 there must be no publication of the identity of the Claimant or of any matter likely to lead to the identification of the Claimant in any report or otherwise in connection with these proceedings.
(d) Pursuant to CPR 5.4C(4) (i) the parties must, when filing any statement of case, also file a redacted copy of that statement of case omitting the name, address and any other information which could lead to identification of the Claimant; and (ii) unless the Court grants permission under CPR 5.4C(6) no non-party may obtain an unredacted statement of case.
(e) Any person may apply to vary or discharge this paragraph of the Order, on notice to each of the parties.
(f) A copy of this Order shall be published on the website of the Judiciary of England and Wales.

2. Permission to apply for judicial review: Permission is granted on all grounds.

3. Expedition: The hearing of the claim is expedited. The hearing is to be listed no later than 14 March 2025.

4. Case Management Directions:
(a) The Defendant must, within 14 days of the date of service of this Order, file and serve (i) Detailed Grounds for contesting the claim or supporting it on additional grounds and (ii) any written evidence to be relied on.
(b) The Defendant may comply with sub-paragraph (a)(i) above by filing and serving a document which states that its Summary Grounds are to stand as the Detailed Grounds required by CPR 54.14.
(c) Any application by the Claimant to serve evidence in reply must be filed and served, together with a copy of that evidence, within 7 days of the date on which the Defendant serves evidence pursuant to (a) above.
(d) The parties must agree the contents of the hearing bundle. An electronic version of the bundle must be prepared and lodged, in accordance with the Administrative Court Judicial Review Guide Chapter 21 and the Guidance on the Administrative Court website, not less than 14 days before the date of the substantive hearing. The parties must, if requested by the Court, lodge 2 hard-copy versions of the hearing bundle.
(e) The Claimant must file and serve a Skeleton Argument (maximum 25 pages), complying with CPR 54 PD para. 15 and the Administrative Court Judicial Review Guide paras 20.1 to 20.3, not less than 10 days before the date of the substantive hearing.
(f) The Defendant must file and serve a Skeleton Argument (maximum 25 pages), complying with CPR 54 PD para. 15 and the Administrative Court Judicial Review Guide paras 20.1 to 20.3, not less than 7 days before the date of the substantive hearing.
(g) The parties must agree the contents of a bundle containing the authorities to be referred to at the hearing. An electronic version of the bundle must be prepared in accordance with the Guidance on the Administrative Court website. The parties must, 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, must be lodged with the Court not less than 4 days before the date of the substantive hearing.
(h) The time estimate for the substantive hearing is 1 day. If either party considers that this time estimate should be varied, they must inform the court as soon as possible.

5. Costs: costs in the case.

OBSERVATIONS AND REASONS

(1) Anonymity/reporting restriction: I am satisfied that the derogations from open justice set out above are strictly necessary in order to protect the interests of the Claimant. The Claimant is a vulnerable refugee with mental health problems which are likely to be exacerbated if he were to be identified in connection with these proceedings.
(2) Permission: the grounds are arguable and the claim has a realistic prospect of success.
(3) Expedition: expedition is warranted because the Claimant contends that the circumstances in which he is presently housed are having a significant detrimental effect on his mental health.
(4) Directions: I have refused the Defendant’s request for an order requiring the Claimant to file medical evidence. The Claimant has already provided a significant amount of medical evidence, including a report which specifically addresses the impact of his present accommodation and his housing needs.