AK -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2023-LON-003316
In the High Court of Justice
King’s Bench Division
Administrative Court
13 February 2024
Before:
The Honourable Mr Justice Sweeting
Between:
The King on the application of
AK
-v-
Secretary of State for the Home Department
and
The Prisons and Probation Ombudsman
(Interested party)
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 the Honourable Mr Justice Sweeting
1. The application for permission to apply for judicial review is granted.
2. The application is to be listed for 1 and half days the parties to provide a written time estimate within 7 days of service of this order if they disagree with this direction.
3. The Claimant has permission to rely on its Reply dated 12 January 2024 to the Defendant’s summary grounds of defence dated 13 December 2023.
4. The Claimant shall be referred to in these proceedings as “AK”, and pursuant to CPR 39.2 there shall be no publication of the name or address of the Claimant or any particulars of the case likely to lead to the identification of the Claimant without the leave of the court. Any person has liberty on three days’ written notice to the parties to apply to vary or discharge this order.
5. The application for disclosure is refused.
Observations
1. I have refused the application for disclosure. There is no reason to conclude that the Defendant will not comply with its duty is to assist the court with full and accurate explanations of all the facts relevant to the issue the court must decide.
2. I am satisfied that the Claimant’s outstanding asylum claim, the fact that he may be a victim of trafficking and the sensitive personal data which may feature in the litigation justify a departure from the open justice principle.
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 2 days before the date of the hearing of the judicial review.