Arc Time Freehold… -v- Secretary of State for Housing, Communities and Local Government

Administrative CourtHigh CourtOrder

Claim number: AC-2024-LON-002865

In the High Court of Justice
Administrative Court

9 July 2025

Before:

Lord Justice Holgate

Between:

The King on the application of

(1) ARC TIME FREEHOLD INCOME AUTHORISED FUND, A SUB-FUND OF ARC
TIME: FUNDS, ACTING THROUGH ITS AUTHORISED CORPORATE
DIRECTOR, ALPHA REAL CAPITAL LLP & OTHERS [AC-2024-LON-002865]
(“the ARC claim”)
(2) ANNINGTON PROPERTY LIMITED & OTHERS [AC-2024-LON-002806] (“the
Annington claim”)
(3) CADOGAN GROUP LIMITED & GROSVENOR LIMITED & OTHERS [AC2024-LON-002875] (“the Cadogan & Grosvenor claim”)
(4) ABACUS LAND 1 (HOLDCO 1) LIMITED & OTHERS [AC-2024-LON-002830]
(“the Abacus claim”)
(5) WALLACE PARTNERSHIP GROUP LIMITED & OTHERS [AC-2024-LON002913] (“the Wallace claim”)
(6) JOHN LYON’S CHARITY [AC-2024-LON-002817] (“the John Lyon’s claim”)
(7) TRUSTEES OF THE PORTAL TRUST [AC-2024-LON-002904] (“the Portal Trust
claim”)

-v-

Secretary of State for Housing, Communities and Local Government

Order

IT IS ORDERED that:

  1. The Speaker of the House of Commons has permission to intervene in these proceedings by way of the written submissions dated 5 June 2025 and pursuant to these directions.
  2. By no later than 10am on 12 June 2025 the claimants must agree, file and serve a joint table identifying (a) the specific passages in Hansard upon which they seek to rely; (b) a statement explaining the use they intend to make of each such passage; and (c) a statement explaining why they consider that that use of each passage is compatible with Art. 9 of the Bill of rights and with SC v Secretary of State for Work and Pensions [2022] AC 223 (“SC”).
  3. By no later than 10am on 13 June 2025 the defendant must file and serve a table identifying (a) the specific passages in Hansard upon which she seeks to rely; (b) a statement explaining the use she intends to make of each such passage; and (c) a statement explaining why she considers that that use of each passage is compatible with Art. 9 of the Bill of rights and with SC.
  4. By no later than 10am on 18 June 2025 the claimants, the defendant or the Speaker must file and serve on the parties and on the Speaker (as the case may be) any response to the tables served under paragraphs 2 or 3 above regarding compatibility with Article 9 and SC.
  5. The parties and the Speaker must endeavour to resolve any outstanding issues regarding compatibility with Article 9 and SC. By no later than 10am on 20 June 2025 in the case of the claimants and 4pm on 20 June 2025 in the case of the defendant, the claimants and the defendant must each (a) file and serve on the other parties and the Speaker a response stating whether any issue identified by the Speaker under paragraph 4 above is agreed or disagreed with the reasons for any disagreement; and (b) must amend their pleadings and evidence to strike out any passages no longer relied upon or references thereto in order to comply with Article 9 and SC.
  6. If after complying with the preceding paragraphs there remain any outstanding issues relating to compatibility with Article 9 and SC, (a) the claimants and the defendant (as the case may be) must set out their submissions on those issues in their skeleton arguments which are to be filed and served in accordance with paragraphs 14 and 15 respectively of the order dated 27 May 2025 and (b) the parties must serve their skeletons on the Speaker at the same time and provide electronic links to the trial bundles.
  7. If the Speaker should wish to intervene further by way of written submissions, he must file and serve those submissions by no later than 10 am on 10 July 2025. If the Speaker should wish to intervene further by way of oral submissions, he must apply to do so with a proposed time estimate by no later than 4pm on 24 June 2025 and file and serve a skeleton argument by no later than 10 am on 10 July 2025.
  8. The applications by the claimants to rely upon additional witness statements and expert reports are adjourned to the trial.
  9. The applications, evidence, witness statements, expert reports and exhibits should be contained in a paginated bundle which is separate from the trial bundles referred to in paragraphs 15 to 16 of the order dated 27 May 2025.
  10. CPR 2.11 is excluded.
  11. No order as to costs.

Reasons

(1) The court is prepared to agree to the timetable suggested by the parties for the resolution or narrowing of the issues regarding compatibility with Article 9 and SC on the basis that there must no be failure to comply with any other of the time limits set by the court. The compatibility issue was raised towards the beginning of May 2025 (and in any event was apparent) and should have been resolved by the end of that month.
(2) The issue of whether the Court should admit any of the additional evidence upon which the claimants seek to rely should be adjourned to the trial for a number of reasons. First, each claimant’s counsel needs to consider in the preparation of their skeleton arguments the extent to which they wish to submit that the court should still receive and consider any part of that material, taking into account also the defendant’s objections and other observations. This also applies where the defendant’s stance is less contentious because inter alia of the need for matters to be handled proportionately and for submissions to be made by advocates. Second, the defendant needs to consider the criticisms made by claimants of its evidence recently served. Third, in the preparation of the agreed statements directed by the court, the parties must endeavour to resolve or narrow apparent differences. Fourth, given the nature of the submissions on admissibility raised on both sides, that issue is a matter which both members of the Divisional Court should have an opportunity to consider and with the benefit of pre-reading for the case as a whole.