FH -v- West Sussex County Council
Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order
Case number: AC-2024-LON-002561
In the High Court of Justice
King’s Bench Division
Administrative Court
In the matter of an application for judicial review
28 October 2024
Before:
the Honourable Mrs Justice Lang DBE
Between:
FH
(by her Litigation Friend KH)
-v-
West Sussex County Council
Order
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 Acknowledgment of service filed by the Defendant;
Order by the Honourable Mrs Justice Lang DBE
- Under the Court’s inherent jurisdiction and pursuant to section 6 of the Human Rights Act 1998 and CPR 39.2(4):
a. The name of the Claimant and the litigation friend is to be withheld from the public and must not be disclosed in any proceedings in public.
b. The Claimant is to be referred to orally and in writing as “FH”.
c. The litigation friend is to be referred to orally and in writing as “KH”. - Pursuant to section 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant and the litigation friend or of any matter likely to lead to the identification of the Claimant and the litigation friend in any report of, or otherwise in connection with, these proceedings.
- Pursuant to CPR 54C(4):
a. Within 7 days of the date of service of this order, the parties must file and serve a redacted copy of any statement of case already filed, omitting the name, address and any other information likely to lead to the identification of the Claimant;
b. If any statement of case subsequently filed includes information likely to lead to the identification of the Claimant, a redacted copy omitting that information must be filed at the same time and must then be served with the unredacted version;
c. Unless the Court grants permission under CPR 4.4C(6), no non-party may obtain a copy of any unredacted statement of case - The application for permission to apply for judicial review is granted.
- The Claimant is entitled to rely on the Reply (CPR 54 r.8A).
- The hearing is to be listed for 1 day; the parties to provide a written time estimate within 7 days of service of this order if they disagree with this direction.
- The hearing is to be expedited, so as to be heard in January 2025.
- Venue: London.
- Costs in the case.
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 28 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.
- The Claimant may file and serve any Reply and any further evidence within 7 days of the date of service of the Detailed Grounds and/or evidence.
- The Claimant must file and serve an agreed hearing bundle, not less than 14 days before the date of the hearing. The electronic version of the bundle shall be prepared and lodged by the Claimant in accordance with the Guidance on the Administrative Court website. The Claimant must also lodge a hard-copy version of the hearing bundle at the Administrative Court Office, not less than 14 days before the date of the hearing.
- The Claimant must file and serve a Skeleton Argument not less than 14 days before the date of the hearing.
- The Defendant, and any Interested Party wishing to participate in the proceedings, must file and serve a Skeleton Argument not less than 7 days before the date of the hearing.
- The Claimant must file and serve an agreed authorities bundle, not less than 5 days before the date of the hearing. The electronic version of the bundle shall be prepared by the Claimant in accordance with the Guidance on the Administrative Court website. The Claimant must also lodge a hard-copy version of the authorities bundle at the Administrative Court Office, not less than 5 days before the date of the hearing.
- For the purpose of these directions, time will not run between 21 December 2024 and 5 January 2025, because of seasonal holidays.
Observations
- The Claimant has identified arguable grounds which merit a full hearing.
- I do not consider that there are grounds for a rolled-up hearing. I accept that there is a need for expedition, though not at the expense of proper case preparation. I have reduced the usual timescales in the directions
and ordered a hearing in January 2025. - In the meantime, the parties should consider whether a settlement can be achieved.
- I have granted an anonymity order because of the Claimant’s severe disability. In the circumstances, a departure from the general principle of open justice is justified.
Signed: Mrs Justice Lang
Dated: 28 October 2024