Claim number: AC-2023-LON-001341
In the High Court of Justice
King’s Bench Division
8 September 2023
The Honourable Mr Justice Swift
The King on the application of
Secretary of State for the Home Department
On the application by the Claimant on 28 April 2023, and on the application by the Defendant dated 2 August 2023
Following consideration of the documents lodged by the Defendant and the Claimants.
ORDER by the Honourable Mr Justice Swift
- The Claimant shall be referred to in these proceedings as “BWS”, 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.
- This claim shall be stayed pending determination of cases CO/2285/2023, CO/1940/2023 and CO/1156/2023 (“the lead cases”).
- The Claimant shall, within 14 days of the date on which the judgment of the Administrative Court in the lead cases is handed down, file and serve a note (a) indicating whether or not this claim will be pursued; and (b) if so, the grounds of challenge to be relied on. The Defendant shall file and serve any submissions in reply 14 days thereafter. The case will then be referred to a judge for consideration of such further directions as may be necessary.
- The issues raised in this case overlap with those in the lead cases. The determination of the lead cases could be dispositive of this case. That being so, it is appropriate, and consistent with the efficient use of the resources of the parties and the court, to stay this case pending judgment in the lead cases.
- The Claimant opposed the application on the basis (a) that Ground 3 of the claim raised a discrete, but significant issue that ought to be determined; and (b) that the Claimant’s present position was precarious so that a prompt determination of the claim was required. I do not consider either of these matters sufficient to defeat the Secretary of State’s application. Depending on the outcome in the lead cases it may not be necessary to determine Ground 3. Even if it is necessary to decide this ground, that can be done, more efficiently once the lead cases have been decided. The Claimant’s position pending determination of his claim can, if necessary, be addressed by an appropriate application for interim relief, and I understand that such an application has now been made.