Claim number: CO/2916/2022
In the High Court of Justice
King’s Bench Division
8 March 2023
Sir Duncan Ouseley sitting as a High Court Judge
The King on the application of
Surrey County Council
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 SIR DUNCAN OUSELEY sitting as a High Court Judge
- The application for permission to apply for judicial review is adjourned to be listed in court as a “rolled-up hearing”, on notice to the Defendant. If permission to apply for judicial review is granted at that hearing, the Court will proceed immediately to determine the substantive claim.
- The application is to be listed for 1 day the parties to provide a written estimate within 7 days of service of this order if they disagree with that estimate.
- The application for specific disclosure shall be listed for oral hearing on notice to the Defendant, time estimate 2 hours, as soon as reasonably practicable , and sufficiently in advance of the rolled up hearing for any decision favourable to the Claimant to be acted on before the rolled up hearing. The disclosure hearing can also consider what directions are necessary for the control of the volume of papers in the case.
- The Claimant is permitted to rely on its reply to the SGD.
- 1). In any judgment or report of these proceedings, or other publication (by whatever medium) about this case:
(a) The Claimant shall be referred to as “BC”.
(b) Any other details liable to lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
2). Pursuant to CPR Rules 5.4C and 5.4D:
(a) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised.
(b) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(1B) or (2)) for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimant’s solicitor.
3). The Court file shall be clearly marked with the words “An anonymity order was made in this case on [date] and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
- I would have granted permission but for the issue of delay; permission would have deprived the Defendant of the full effect of success in that argument. One issue on which the Court may need help is the extent to which the issues are factual issues, and if factual issues, are they to be resolved by a rationality test or by the primary judgment of the Court.
- I see no alternative to an oral hearing of the redaction/disclosure issue. The confidentiality of third party material is relevant. I am not sure what the Claimant really seeks to gain from such a burdensome task as the application involves, and still less sure how the Court is going to be assisted, or the volume controlled. I can also see that it may lead to further submissions and grounds of defence. That is for the judge at the disclosure hearing to give directions about. I have for the time being adjusted the usual timetable for a rolled up hearing.
- The Orders at 4 and 5 above are not contested.
Case Management Directions
- The Claimant must, within 7 days of the date of service of this Order, file an undertaking to pay the continuation fee (see below) if permission to apply for Judicial Review is granted
- 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 21 days of the date of the hearing about disclosure 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.
- Any application by the Claimant to serve evidence in reply shall be filed and served within 14 days of the date on which the Defendant serves evidence pursuant to 1(b) above.
- The parties shall agree the contents of the hearing bundle and must file it with the Court not less than 2 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.
- The Claimant must file and serve a Skeleton Argument not less than  days before the date of the hearing of the judicial review.
- The Defendant and any Interested Party must file and serve a Skeleton Argument not less than 7 days before the date of the hearing of the judicial review.
- 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  days before the date of the hearing of the judicial review.
- CPR 2.11 shall not apply to these proceedings.
- If permission has been granted on some grounds but refused on others, the Claimant may request that the decision to refuse permission be reconsidered at a hearing by filing and serving a completed Form 86B within 7 days after the date this order is served on the Claimant. The reconsideration hearing will be fixed in due course. However, if all parties agree and time estimates for substantive hearing allow, the reconsideration hearing may take place immediately before the substantive hearing. The Administrative Court Office must be notified within 21 days of the service and filing of Form 86B if the parties agree to this course.