C -v- Oldham Council (anonymity order)

County CourtAnonymity Order

Claim Number: J05MA951
Appeal Number: M22X685

In the County Court at Manchester
Manchester Civil Justice Centre

25 January 2023

Before:
His Honour Judge Hassall

Between:
C
-v-
Oldham Council

Anonymity Order

Before His Honour Judge Hassall on 25 January 2023

Upon the considering the Appellant’s Notice, Grounds and Witness Evidence

AND Upon the court being satisfied that pursuant CPR r 39.2(4) it is necessary to ensure that the identity of the Appellant is not disclosed in order to ensure the proper administration of justice and to protect the interests of the Appellant

IT IS ORDERED THAT

Warning: If you do not obey this order, you may be held in contempt of court and you may be imprisoned, fined or your assets may be seized

  1. The publication of any information likely to lead to the identification of the Appellant is prohibited.
  2. This case shall be known and listed as ‘C v Oldham Council’.
  3. Pursuant to CPR Rules 5.4C and 5.4D:

(i) 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 in accordance with paragraphs 1 and 2 above.

(ii) 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 Appellant’s solicitor.

  1. 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.”
  2. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Appellant’s solicitors.
  3. A copy of this order shall be published on the website of the Judiciary of England and Wales pursuant to CPR r.39.2(5). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.
  4. The Respondent should disclose to the Appellant any documents that were before the decision maker, not previously disclosed, by 4pm on 10 February 2023.
  5. The Appellant has permission to amend her grounds of appeal provided that any amendments are filed and served by 4pm 14 days after the Respondent’s disclosure at paragraph 7 has been received.
  6. The Appellant will file and serve her skeleton argument by 4pm 21 days after the Respondent’s disclosure at paragraph 1 has been received;
  7. The Respondent will file and serve its skeleton argument by 4pm 14 days after service of the Appellant’s skeleton argument;
  8. In the event that either party considers it necessary to serve evidence in relation to this appeal, such evidence shall be served:

a. by the Appellant on the Respondent by 17 March 2023
b. by the Respondent on the Appellant by 31 March 2023

  1. The appeal shall be listed for final hearing on next available date after 21 April 2023 with a time estimate of 2 days, with the previous 1 day set aside for judicial reading. Notice of hearing to follow.
  2. The Appellant shall file at the County Court at Manchester a clearly copied, paginated and indexed agreed appeal bundle, limited to relevant documents only (to which it is intended to refer the Court during the hearing), not more than 7 days nor less than 5 days before the hearing.
  3. The advocates for the parties shall each file with the Court, not less than 3 clear working days before the hearing, perfected versions of their skeleton argument (containing, if appropriate, a chronology) with page references to the appeal bundle.
  4. The advocate for the Appellant shall prepare and file an agreed joint bundle of authorities (containing the statutory materials and cases to be relied upon by either party) not less than 2 clear working days before the hearing. Authorities shall be from the best available report and that report shall appear as a pdf or other full copy of the report. Transcripts shall only be included of wholly unreported cases.
  5. This order has been made without a hearing under the Court’s general case management powers and either party may apply to vary, suspend or set it aside provided that any such application is made in writing to the County Court at Manchester within 7 days of the party being served with the order.
  6. Should the parties settle the appeal, they are promptly to file a request for its disposal in terms complying with CPR PD 52A section 6.
  7. Costs in the appeal.