Claim number: CO/949/2023
In the High Court of Justice
King’s Bench Division
14 March 2023
The Honourable Mr Justice Andrew Baker
The King on the application of
(2) BZ (a child, by their litigation friend, AZ)
(3) CZ (a child, by their litigation friend, AZ)
Secretary of State for the Home Department
On an application by the Claimants for urgent consideration and directions
Following consideration of the documents lodged by the Claimants
ORDER by the Honourable Mr Justice Andrew Baker
- The identity of the Claimants in these proceedings is protected pursuant to CPR PD 21, paragraph 1.2, and CPR 39.2(4), and shall not be published. They shall be referred to in the proceedings as AZ (First Claimant), BZ and CZ (Second and Third Claimants, suing by AZ as their litigation friend).
- This Claim is to be listed for a rolled-up hearing, time estimate 3 hours for argument, to be listed so that the judge has time, if they wish to do so, to give an immediate judgment on the same day.
- The rolled-up hearing directed by paragraph 2 above to be listed for a date in Easter Term 2023 not before Tuesday 25 April 2023 and not later than Friday 12 May 2023.
- The Defendant shall file and serve an Acknowledgment of Service and Detailed Grounds of Defence by 4 pm on Tuesday 4 April 2023.
- The Claimants shall file and serve an agreed hearing bundle by 4 pm on Friday 14 April 2023.
- The parties shall file and serve skeleton arguments for the hearing by 4 pm on Thursday 20 April 2023.
- Costs reserved.
- Liberty to apply to vary the directions set out above, provided that at least 2 clear days’ notice of any such application is given to the other party.
I am persuaded, essentially for the reasons given in the application for urgent consideration (N463) that the most effective, and fairest, way to deal with this Claim and its evident need for expeditious determination, is to order a rolled-up hearing now. I am concerned that requiring the hearing to be within April 2023 – which in practice means within a period of only 8 working days (19-21, 24-28 April 2023) – is unrealistic. I have therefore set a hearing window of 3 weeks (w/c 24 April, w/c 2 May, w/c 9 May) as the best balance between the need for enough time to allow the hearing to be properly prepared and the need for it to come on as soon as possible. I have said not Monday 24 April to allow for reading that day and sitting on Tuesday 25 April, if that date is available.