January 2, 2026

DMP -v- Chief Constable of Warwickshire Police (anonymity order)

Administrative Court High Court King's Bench Division Anonymity Order

Claim number: AC-2025-BHM-000198

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

2 January 2026

Before:

The Hon. Mr Justice Eyre

Between:

THE KING on the application of
DMP (by his mother and litigation friend, DUN)

-v-

Chief Constable of Warwickshire Police

Order

Notification of Judge’s Decision (CPR 54.11, 54.12)

Following consideration of the documents filed by the Claimant, the Defendant’s Acknowledgement of Service and Summary Grounds of Defence and the Claimant’s Reply

ORDER BY THE HON. MR JUSTICE EYRE
1. Anonymity:
(a) Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction and/or s. 6 of the Human Rights Act 1998:
(i) the names of the Claimant and of his Litigation Friend are to be withheld from the public and must not be disclosed in any proceedings in public;
and
(ii) the Claimant is to be referred to orally and in writing as DMP and his Litigation Friend is to be referred to orally and in writing as DUN.
(b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or of his Litigation Friend or of any matter likely to lead to the identification of the Claimant or his Litigation Friend in any report of, or otherwise in connection with, these proceedings.
(c) Pursuant to CPR 5.4C(4):
(i) the parties must within 7 days file a redacted copy of any statement of case filed, omitting the name, address and any other information likely to lead to the identification of the Claimant or of his Litigation Friend;
(ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant or of his Litigation Friend, a redacted copy omitting that information must be filed at the same time;
(iii) unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case.
(d) Any person wishing to vary or discharge this Order must make an application, served on each party.
Permission to apply for judicial review is granted on grounds 1 and 2. Permission is refused on grounds 3 and 4.

Case Management Directions:
(a) The Defendant must, within 35 days of the date of service of this Order, file and serve (i) Detailed Grounds for contesting the claim or supporting it on additional grounds and (ii) any written evidence to be relied on.
(b) The Defendant may comply with sub-paragraph (a)(i) above by filing and serving a document which states that its Summary Grounds are to stand as the Detailed Grounds required by CPR 54.14.
(c) Any application by the Claimant to serve evidence in reply must be filed and served, together with a copy of that evidence, within 21 days of the date on which the Defendant serves evidence pursuant to (a) above.
(d) The parties must agree the contents of the hearing bundle. An electronic version of the bundle must be prepared and lodged, in accordance with the Administrative Court Judicial Review Guide Chapter 21 and the Guidance on the Administrative Court website, not less than 28 days before the date of the substantive hearing. The parties must, if requested by the Court, lodge 2 hard copy versions of the hearing bundle.
(e) The Claimant must file and serve a Skeleton Argument (maximum 25 pages), complying with CPR 54 PD para. 15 and the Administrative Court Judicial Review Guide paras 20.1 to 20.3, not less than 21 days before the date of the substantive hearing.
(f) The Defendant must file and serve a Skeleton Argument (maximum 25 pages), complying with CPR 54 PD para. 15 and the Administrative Court Judicial Review Guide paras 20.1 to 20.3, not less than 14 days before the date of the substantive hearing.
(g) The parties must agree the contents of a bundle containing the authorities to be referred to at the hearing. An electronic version of the bundle must be prepared in accordance with the Guidance on the Administrative Court website. The parties must, 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, must be lodged with the Court not less than 7 days before the date of the substantive hearing.
(h) The time estimate for the substantive hearing is 1 day. If either party considers that this time estimate should be varied, they must inform the court as soon as possible.
(i) Where permission has been granted on some grounds but refused on others, the Claimant may request reconsideration of the decision to refuse permission at a hearing. This must be done by filing and serving a completed Form 86B within 7 days after the date on which 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 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.

OBSERVATIONS AND REASONS

(1) Grounds 1 and 2 are arguable with a sufficient prospect of success to surmount the comparatively low hurdle for the grant of permission.
(2) Although the Claimant could have acted more expeditiously this is not a case where there was delay such as to preclude consideration of a potentially meritorious case.
(3) Neither ground 3 nor ground 4 has a real prospect of success independently of grounds 1 and 2. If the court concludes that the Defendant’s decision accorded with the HOCR and the Guidance and that the assessment that the Claimant had a capacity to inflict serious harm was rational then the court will inevitably conclude that any interference with the Claimant’s Article 8 rights was proportionate and will reject the contention that there was unlawful discrimination. If ground 1 and/or ground 2 succeeds then grounds 3 and 4 add nothing. Conversely, if those grounds fail there is no real prospect of these grounds succeeding.