EXQ -v- Central Family Court (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim no: AC-2024-LON-000604

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

16 August 2024

Before:

The Honourable Mr Justice Freedman

Between:

EXQ

-v-

The Family Court

and

SXQ
(interested party)


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ANONYMITY ORDER

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Note: there is an anonymity order in this case dated 21 May 2024 which applies to this case.

UPON the Claimant having issued a Part 8 claim sealed on 15 February 2024, and the same having been transferred to the Administrative Court by order of Master Gidden dated 19 February 2024.

AND UPON the Claimant having issued an application sealed on 13 March 2024 for anonymity and various reasonable adjustments.

AND UPON consideration of the documents lodged by the Claimant

AND UPON Mrs Justice Hill having given directions on 16 May 2024 (“the Order”) as set out in the Schedule hereto.

AND UPON the Claimant writing to the Court on 6 June 2024 saying that she is unable to comply with the order unless she has reasonable adjustments. She says she needs more time to prepare and review her documents which can only be done when her daughter has access to childcare. The claimant also said she needs to review the documents in the safety of her trauma therapy session uninterrupted.

AND UPON noting that the Defendant’s solicitors have taken steps to gather relevant documents for the Claimant.

ORDER by the Honourable Mr Justice Freedman

  1. The Claimant shall be given a further 8 weeks from the date of this Order to comply with the Order and to serve the documents referred to in paragraph 3 thereof (see the Schedule below).

2. The Claimant must seek her own assistance and the Court cannot do this on her behalf. Without prejudice to this, she may take any of the following courses of action,

(a) To contact her solicitors or former solicitors in the action in the Family Division to find out whether they can provide any pro bono assistance to comply with the Order;
(b) To seek to find a McKenzie friend who might provide assistance in
taking steps to comply with the Order;
(c) To seek assistance through the Citizens’ Advice Bureau including
the officer operating from the Royal Courts of Justice;
(d) To seek assistance through any other charity which provide pro
bono assistance.

3. For the avoidance of doubt, if none of the foregoing bears fruit, that is not an excuse for non-compliance. If there is continuing non-compliance with the Order, then the Court must be able to take such steps as it considers appropriate which would include considering whether or not to strike out the application for judicial review.

4. Costs reserved

  1. The parties or either of them may apply to discharge or vary this Order on
    2 working days’ notice in writing to the other party and to the Court.

Reasons

  1. By the end of 8 weeks from the date of this Order, the Claimant will have been provided with over 4 months to comply which is an adequate response to the request for adjustments to deal with her condition, following the request for more time contained in her email of 7 June 2024.
  2. Even allowing for the significant disadvantages of the Claimant, the foregoing marks a departure from a usual more compressed timetable and is a tangible demonstration of the making of adjustments by the Court.
  3. Nothing is open-ended in litigation, and accordingly the Claimant must note that the expectation that the time allowed will come to an end. She is therefore recommended to start to take action promptly so that she should not run out of time at the end of the 8 week period.

Schedule: the terms of the order of Hill J of 16 May 2024

  1. The Claimant’s Part 8 claim is to be treated as a Part 54 claim, within the Administrative Court (notwithstanding the Claimant’s reference to the Family Division).
  2. The father of the Claimant’s child is joined as an Interested Party to these
    proceedings.
  3. Within 14 days of the date of this order the Claimant shall file and serve a document clarifying the basis of her claim which (i) indicates which decision(s) of the Defendant she seeks to challenge; (ii) sets out the public law errors she contends have been made in the said decision(s); and (iii) explains whether there are any ongoing appeals before the High Court (Family Division) and if so the current status of those appeals.
  4. The Claimant’s Part 8 Claim Form, her document entitled “Details of the claim” dated 10 February 2024 and the document served in accordance with [3] above shall stand as her Claim Form for the purposes of CPR 54.
  5. The Claimant shall serve all the documents referred to in [4] above on the Defendant on the address below (the correct address for service on the Defendant in Administrative Court proceedings) and the Interested Party in accordance with CPR 54.7 within 14 days of the date of this order.

    HM Courts and Tribunal Service Operations Directorate 6.11, 102 Petty France London SW1H 9AJ Litigation_Team_C@alam-zaidi2justice-gov-uk
  6. Once the Defendant and Interested Party have filed Acknowledgements of Service in accordance with CPR 54.8, if so advised, the papers shall be placed before a judge of the Administrative Court for a decision on permission.
  7. The Claimant, the Interested Party and their child are afforded anonymity by separate order of today’s date.
  8. If this matter proceeds to a hearing of any kind, further directions with respect to the reasonable adjustments sought by the Claimant in her application should be given by the judge conducting the hearing, as considered appropriate.
  9. As this order has been made by the court of its own motion without a hearing any party affected by it may apply to have it varied or set aside, on 7 days’ notice to the other parties, in accordance with CPR 23.9 and 23.10.