BSO -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-000209

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

24 January 2024

Before:

The Honourable Mr Justice Swift

Between:

The King on the application of
BSO

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for expedition, and on the Court’s consideration of the claim of its own motion
Following consideration of the documents lodged by the Claimant and the Defendant

ORDER by the Honourable Mr Justice Swift

  1. The Claimant shall be referred to in these proceedings as “BSO”, and pursuant to CPR 39.2 there shall be no publication of the name or address of the Claimant or any particulars of the case likely to lead to the identification of the Claimant without the leave of the court. Any person has liberty on three days’ written notice to the parties to apply to vary or discharge this order.
  2. The Defendant shall, by 12 noon on 30 January 2024, file and serve its response to the claim (including any evidence relied on in response to the claim).
  3. The application for permission to apply for judicial review in each claim shall be listed in court as a “rolled-up hearing”, on notice to the Defendant, on or after 6 February 2024, time estimate 1 day. If permission to apply for judicial review is granted at that hearing, the Court will proceed immediately to determine the substantive claim.
  4. This case will be heard together with AC-2024-LON-165.
  5. The Claimant must, within 7 days of the date of service of this Order, file an undertaking to pay the continuation fee if permission to apply for Judicial Review is granted.
  6. The parties shall agree the contents of the hearing bundle and must file it with the Court by 4pm on 2 February 2024. 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.
  7. The Claimant shall, by 4pm on 2 January 2024 file and serve a Skeleton Argument.
  8. The Defendant shall by 12 noon on 5 February 2024 file and serve a Skeleton Argument.
  9. 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 by 12 noon on 5 February 2024.
  10. CPR 2.11 shall not apply to these proceedings.

Reasons

1. This claim arises from the same circumstances as gave rise to the Claimant’s claim in AC-2024-LON-165 against the FCDO. The claims should – to the extent possible – be subject to common directions. As this claim comes to this court slightly after the claim against the FCDO (because this claim was issued in UTIAC and has been transferred), it is not possible to apply precisely the same timetable. The directions above are the best that can be done given (a) the starting point; and (b) the legitimate need for both this claim and the claim against the FCDO to be expedited. As in the FCDO claim, the timetable to the hearing is slight slower than requested by the Claimant and slightly faster than suggested by the Defendant. As the hearing is expedited it will not be listed by reference to counsel’s convenience.