ALX and others -v- The Chancellor of the Exchequer (anonymity order)

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON-000053

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

In the matter of an application for judicial review

10 January 2025

Before:

The Hon. Mr Justice Chamberlain

Between:

The King
on the application of
(1) ALX (acting through his litigation friend ALF)
(2) ALW (acting through his litigation friend ALO)
(3) ALM
(Claimants)

-v-

The Chancellor of the Exchequer
(Defendant)

and

The Commissioners for HM Revenue and Customs
(Interested Party)

Order

On the application for anonymity, expedition, directions and joinder with AC-2024-LON-004232.

Following consideration of the documents lodged by the Claimant only;

ORDER by the Hon. Mr Justice Chamberlain:

  1. Anonymity:

(a) Pursuant to CPR 39.2(4), the Court’s inherent jurisdiction and s. 6 of the Human Rights Act 1998:

(i) the names of the Claimants and their litigation friends are to be withheld from the public and must not be disclosed in any proceedings in public; and

(ii) the First Claimant is to be referred to as ALX and his litigation friend as ALF;

(iii) the Second Claimant is to be referred to as ALW and his litigation friend as ALO;

(iv) the Third Claimant is to be referred to as ALM.

(b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimants or of their litigation friends or of any matter likely to lead to their identification in any report of, or otherwise in connection with, these proceedings.

(c) Pursuant to CPR 5.4C(4):

(i) the parties must within 7 days file a redacted copy of any statement of case filed, omitting the name, address and any other information likely to lead to the identification of the Claimants and their litigation friends;

(ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimants or their litigation friends, a redacted copy omitting that information must be filed at the same time;

(iii) unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case.

(d) Any person wishing to vary or discharge this Order must make an application, served on each party.

  1. This order is to be served by the Court on the parties in AC-2024-LON-004232.
  2. By Monday 13 January 2025, the Claimants are to exchange with the claimants in AC-2024-LON-004232 copies of the claim papers, redacted to preserve the anonymity of the Claimants and their litigation friends.
  3. The application for expedition, directions and joinder is to be considered at a hearing at 2pm on 17 January 2024 together with the like issues in AC-2024-LON-004232.
  4. The parties are to make short written submissions (maximum 5 pages) on the application for expedition and a rolled-up hearing are to be made by 4pm on Wednesday 15 January 2025.

REASONS

Anonymity: Given that the First and Second Claimants are children with special educational needs and the Third Claimant’s grounds relate to her vulnerable minor daughter, there are apparently compelling reasons for the limited derogations from the principle of open justice in paragraph 1.

Hearing on 17 January 2025: This claim challenges the imposition of VAT on private school fees. The claimant seek joinder with AC-2024-LON-004232. I have given directions for a hearing in the latter claim to consider the application by the claimants in that claim for expedition, directions and a rolled-up hearing, which is opposed by the defendant. It is appropriate that the application for expedition, directions and joinder should be considered at the same time.

Signed: Mr Justice Chamberlain
Dated: 10/1/25