GF -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2023-LON-003080
In the High Court of Justice
King’s Bench Division
Administrative Court
22 March 2024
Before:
David Elvin KC sitting as a Deputy High Court Judge
Between:
The King on the application of
GF
-v-
Secretary of State for the Home Department
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 Acknowledgement of service filed by the Defendant
ORDER by David Elvin KC sitting as a Deputy High Court Judge
1. The application for permission to apply for judicial review is adjourned to be listed in court as a “rolled-up hearing”, on notice to the Defendant, as soon as possible on or after 26 April 2024. If permission to apply for judicial review is granted at that hearing, the Court will proceed immediately to determine the substantive claim.
2. The application is to be listed for 1 day; the parties to provide a written estimate within 7 days of service of this order if they disagree with that estimate.
3. Anonymity order granted and the Claimant to be known as GF and the title to the proceedings shall be amended to R (on the application of GF) v Secretary of State for the Home Department. There shall be no publication of the name of the Claimant nor of any information that might lead to the identification of the Claimant.
4. Permission granted to the Defendant to file the AOS out of time.
5. Claimant’s application to file a Reply refused.
Observations
1. I have ordered a rolled-up hearing since (a) with the Claimant’s pregnancy and her due date in early June 2024 the claim should be determined speedily (b) although the Defendant’s summary grounds dated 5.3.24 raise grounds of defence which may have substance, there is little if anything to support in particular the contentions raised concerning due consideration and application of the Healthcare Needs and Pregnancy Dispersal Guidance under amended Ground 2. If the Defendant proposes to continue to resist the application it will need to provide more information to enable the Court to assess properly the matters raised by both parties in this respect in particular. I note in particular the provisions of the H&PD Guidance quoted at paras. 55 to 58 of the Amended Statement of Facts and Grounds which should be addressed by the Defendant.
2. I have made an order anonymising the Claimant’s name for the reasons set out in the Amended SFG at para. 104.
3. Case management directions appear below.
4. I have granted permission for Defendant’s AOS to be served out of time although it appears to have been served already.
5. There is no need for the Claimant to serve a reply. Any matters responding to the Defendant’s summary grounds and/or evidence can be addressed in the skeleton argument for the hearing.
Case Management Directions
1. The Claimant must, within 7 days of the date of service of this Order, file an undertaking to pay the continuation fee (see below) if permission to apply for Judicial Review is granted.
2. 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 14 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.
3. Any application by the Claimant to serve evidence in reply shall be filed and served within 7 days of the date on which the Defendant serves evidence pursuant to 1(b) above.
4. The parties shall agree the contents of the hearing bundle and must file it with the Court not less than one week 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.
5. The Claimant must file and serve a Skeleton Argument not less than 7 days before the date of the hearing of the judicial review.
6. The Defendant and any Interested Party must file and serve a Skeleton Argument not less than 5 days before the date of the hearing of the judicial review.
7. 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.