FXR -v- London Borough of Harrow (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2024-LON-004055
In the High Court of Justice
King’s Bench Division
Administrative Court
16 January 2025
Before:
Timothy Corner KC sitting as a Deputy High Court Judge
Between:
The King on the application of
FXR
-v-
London Borough of Harrow
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 documents lodged by the Defendant
ORDER by Timothy Corner KC sitting as a Deputy High Court Judge
- 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.
- Within 7 days from the date of this order, the Defendant shall secure suitable accommodation for the Claimant and his household, such accommodation to be within reasonable travel distance to Kingsley School, pending the outcome of these proceedings.
***THE ORDER IN PARAGRAPH 3 ABOVE IS A MANDATORY INJUNCTION. IT MUST BE COMPLIED WITH UNLESS AND UNTIL IT IS SET ASIDE BY A COURT, EVEN IF AN APPLICATION TO VARY OR DISCHARGE IT HAS BEEN MADE UNDER PARAGRAPH 4 BELOW. BREACH MAY GIVE RISE TO PROCEEDINGS FOR CONTEMPT OF COURT. SEE ADMINISTRATIVE COURT JUDICIAL REVIEW GUIDE 2024, PARAGRAPH 17.7.4. - The Defendant has liberty to apply to vary or discharge the order in para 3 above on 72 hours’ written notice in advance of the application being given to the Claimant (to include any written evidence on which the Defendant intends to rely). Any such application is to be referred to a judge within 48 hours.
- Pursuant to CPR r.39.2, the identity of the Claimant, his wife and children shall not be directly or indirectly disclosed, and these proceedings shall be known as “R (FXR) v London Borough of Harrow”.
- Pursuant to CPR Rule 5.4C a person who is not a party to these proceedings may only obtain a copy of a statement of case, judgment, order or other document from the court records if the document has been anonymised such that: (a) the Claimant is referred to as FXR, his wife is referred to as MXR and the Claimant’s children are referred to in order of age from oldest to youngest by A, B, C, D, E and F; and (b) the address of the Claimant has been deleted.
- Insofar as any statement of case, judgment, order or other document to which anyone might have access pursuant to CPR Rule 5.4A-D has not been anonymised in accordance with paragraph 6 above, the Claimant has permission to file with the court an anonymised copy of that document, which is to be treated for all purposes as being in substitution for the relevant original, with the original being retained by the court in a sealed envelope marked “not to be opened without the permission of a Judge or Master of the King’s Bench Division.”
- Any interested party, whether or not a party to these proceedings, may apply to the court for an order setting aside, varying or discharging paragraphs 5-7 of this Order, provided that any such application is made on 7 working days’ notice to the Claimant.
Observations
- There has been no Acknowledgement of Service from the Defendant and this claim is arguable for the reasons set out in the Statement of Facts and Grounds.
- It is appropriate to grant interim relief for the reasons set out by the Claimant in his application for interim relief. Further and in any event, by email of 17 December the Defendant agreed to offer the Claimant suitable accommodation within 28 days, but so far as I am aware has not done so yet.
- Given that I am granting interim relief there is no need from the Claimant’s point of view to expedite the claim. It is open to the Defendant to apply for expedition should it consider it necessary.
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.
- If permission has been granted on some grounds but refused on others, the Claimant may request that the decision to refuse permission be reconsidered at a hearing by filing and serving a completed Form 86B within 7 days after the date 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 hearing 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.