Case No: CO/1605/2021
In the High Court of Justice
Queen’s Bench Division
on the application of
Secretary of State for the Home Department
Notification of the Judge’s decision on the application for permission to apply for judicial review (CPR 54.11, 54.12)
Following consideration of the documents lodged by the Claimant and the Acknowledgement of service filed by the Defendant.
ORDER by Deputy Chamber President Tudur sitting as a Deputy Judge of the High Court
- The application for permission to apply for judicial review is granted.
- The application is to be listed for 2 hours; the parties to provide a written time estimate within 7 days of service of this order if they disagree with this direction.
- Pursuant to CPR rule 39.2(4) there shall not be disclosed in any report of the proceedings the name or address of the Claimant or any details leading to his identification. If referred to, the Claimant shall only be referred to as FH.
- Pursuant to CPR rule 5.4C a person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the court records only if the statement of case, judgment or order has been anonymised such that: (a) the Claimant is referred to in those documents only as FH; and (b) any references to his name have been deleted from those documents.
- The application to appoint a litigation friend is refused and in so far as it was necessary to bring the claim, the Claimant has permission to conduct the proceedings without a litigation friend.
- The application to appoint a litigation friend pursuant to CPR 21 was made on the basis that the proceedings were issued when the Claimant was a minor. The application notice was issued on the 4 May 2021 and the Claimant has since then attained his majority, on his 18th birthday. It is, therefore, no longer necessary to appoint a litigation friend in the proceedings.
Case Management Directions
- The Defendant and any other person served with the Claim Form who wishes to contest the claim or support it on additional grounds shall, within 35 days of the date of service of this Order, file and serve (a) Detailed Grounds for contesting the claim or supporting it on additional grounds, and (b) any written evidence that is to be relied on. For the avoidance of doubt, a party who has filed and served Summary Grounds pursuant to CPR 54.8 may comply with (a) above by filing and serving a document which states that those Summary Grounds shall stand as the Detailed Grounds required by CPR 54.14.
- Any application by the Claimant to serve evidence in reply shall be filed and served within 21 days of the date on which the Defendant serves evidence pursuant to 1(b) above.
- The parties shall agree the contents of the hearing bundle and must file it with the Court not less than 4 weeks before the date of the hearing of the judicial review. An electronic version of the bundle shall be prepared and lodged in accordance with the Guidance on the Administrative Court website. The parties shall, if requested by the Court, lodge 2 hard-copy versions of the hearing bundle.
- The Claimant must file and serve a Skeleton Argument not less than 21 days before the date of the hearing of the judicial review.
- The Defendant and any Interested Party must file and serve a Skeleton Argument not less than 14 days before the date of the hearing of the judicial review.
- The parties shall agree the contents of a bundle containing the authorities to be referred to at the hearing. An electronic version of the bundle shall be prepared in accordance with the Guidance on the Administrative Court website. The parties shall 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, shall be lodged with the Court not less than 3 days before the date of the hearing of the judicial review.