Case No: CO/2570/2022
In the High Court of Justice
Queen’s Bench Division
22 July 2022
The Honourable Mrs Justice Thornton
The Queen (on the application of
DH by his mother and litigation friend)
London Borough of Bromley
On an application by the Claimant for expedition, anonymity, permission and interim relief
Following consideration of the documents lodged by the Claimant and the Defendant
ORDER by the Honourable Mrs Justice Thornton
1. The application for anonymity is allowed. The Claimant shall be referred to in these proceedings as DH.
2. 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 him as a party to these proceedings, 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.
3. Any person not a party to these proceedings, who wishes to obtain a copy of any document from court records pursuant to CPR 5.4C shall file an application notice in accordance with CPR Part 23 and shall give notice of the application to the parties to these proceedings. Any such application shall, unless the court orders otherwise, be determined at a hearing. The parties to these proceedings shall be given at least 48 hours’ notice of any such hearing.
4. 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.
5. The case is considered suitable for vacation business and has been listed for 10 August 2022.
6. The application is listed for 1/2 day; the parties to provide a written estimate within 3 days of service of this order if they disagree with this estimate, only having considered paragraph 13 of this order.
7. The Defendant shall by 4:00pm on 1 August 2022 file and serve its Acknowledgement of Service, Detailed Grounds of Defence and all evidence relied on in response to the
8. Any application by the Claimant for permission to rely on further evidence shall be made by 4:00pm on 2 August 2022 and referred to a Judge for consideration no later than 10:00am on 3 August 2022.
9. The Claimant shall file and serve a skeleton argument no later than 4:30pm on 4 August 2022.
10. The Defendant shall file and serve a skeleton argument no later than 10:00am on 9 August 2022.
11. The parties shall agree the contents of the hearing bundle. The Claimant shall file it with the Court no later than 10:00am on 5 August 2022. The Claimant shall prepare an electronic version of the bundle and lodge it in accordance with the Guidance on the Administrative Court website. The Claimant shall, if requested, also lodge a hard-copy version of the hearing bundle.
12. The parties shall agree the contents of a bundle containing the authorities to be referred to at the hearing. The Claimant must prepare an electronic version of the bundle in accordance with the Guidance on the Administrative Court website. The Claimant shall, no later than 10:00am on 8 August 2022, lodge with the Court the electronic version of the bundle and, if requested, a hard copy version of the bundle.
13. Judicial availability over the vacation means the matter can only be listed for 1/2 day. The parties are expected to co-operate to identify areas of common ground (legally and factually); an agreed issues list; and a timetable for the hearing to ensure it can be completed within the allocated 1/2 day listing.
14. The application for interim relief is refused.
It is appropriate for the matter to be resolved before the start of the school term in September. Interim relief is unnecessary given the order for an expedited rolled-up hearing. Anonymity was not contested and is appropriate.