AZ -v- Essex County Council (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-003841

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

16 January 2025

Before:

Timothy Corner KC sitting as a Deputy High Court Judge

Between:

The King on the application of
AZ

-v-

Essex County Council


Order

On an application by the Claimant for anonymity, permission to rely on expert evidence and other directions

Following consideration of the documents lodged by the Claimant and the Defendant

ORDER by Timothy Corner KC sitting as a Deputy High Court Judge

1. In relation to the application to rely on expert evidence and time for submission of the Defendant’s Acknowledgement of Service and Summary Grounds of Defence:
a. Within 7 days of receipt of the expert’s report (or within 7 days of this order if later) the Claimant must, if he wishes to rely on that report in these proceedings, apply to the Court under CPR 35 for permission to rely on it.
b. The Defendant shall inform the Court by email of its position concerning the Claimant’s application, within 2 days of receiving from the Claimant a copy of the expert’s report, following which the Claimant’s application for permission to rely on the expert’s report shall be put before a judge for decision.
c. The time within which the Defendant is to file its Acknowledgement of Service and Summary Grounds of Defence is extended to 7 days from when it is notified by the Court of the Court’s determination of the Claimant’s application to rely on expert evidence.

2. Pursuant to CPR r.39.2, the identity of the Claimant shall not be directly or indirectly disclosed, and these proceedings shall be known as “R (AZ) v Essex County Council”.

3. Pursuant to CPR Rule 5.4C a person who is not a party to these proceedings may only obtain a copy of a statement of case, judgment, order or other document from the court records if the document has been anonymised such that: (a) the Claimant is referred to as AZ and (b) the address of the Claimant has been deleted.

4. Insofar as any statement of case, judgment, order or other document to which anyone might have access pursuant to CPR Rule 5.4A-D has not been anonymised in accordance with paragraph 3 above, the Claimant has permission to file with the court an anonymised copy of that document, which is to be treated for all purposes as being in substitution for the relevant original, with the original being retained by the court in a sealed envelope marked “not to be opened without the permission of a Judge or Master of the King’s Bench Division.”

5. Any interested party, whether or not a party to these proceedings, may apply to the court for an order setting aside, varying or discharging paragraphs 2 – 4 of this Order, provided that any such application is made on 7 working days’ notice to the Claimant.

Reasons

1. The Claimant wishes to rely on a psychological report in these proceedings, but (so far as I am aware) has not yet received the report.

2. It is not appropriate to consider an application to rely on expert evidence without seeing that evidence. Therefore, application should be made to rely on that evidence, once received, giving reasons why the evidence is reasonably required to resolve the proceedings.

3. Once any application to rely on expert evidence has been decided and the Defendant’s Acknowledgement of Service and Summary Grounds of Defence have been received, any further directions as to these proceedings can be considered at that stage.