Good Law Project and others -v- Equality and Human Rights Commission (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON-001953

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

In the matter of an application for judicial review

30 June 2025

Before:

The Hon. Mr Justice Chamberlain

Between:

The King
on the application of
(1) Good Law Project
(2) BOT
(3) BNW
(4) BBS
(Claimants)

-v-

Equality and Human Rights Commission
(Defendant)

and

(1) Health and Safety Executive
(2) Secretary of State for Health and Pensions
(3) Minister for Women and Equalities
(4) Welsh Ministers
(5) Scottish Ministers
(Interested Parties)

Order

On an application by the Claimant for urgent consideration, anonymity orders and directions 

Following consideration of the documents lodged by the Claimant

ORDER BY THE HON. MR JUSTICE CHAMBERLAIN

  1. Anonymity:

(a) Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction and/or s. 6 of the Human Rights Act 1998: 

(i) the names of the second, third and fourth claimants are to be withheld from the public and must not be disclosed in any proceedings in public; and 

(ii) the second, third and fourth claimants are to be referred to orally and in writing as BOT, BNW and BBS respectively . 

(b) Pursuant  to  s.  11  of  the  Contempt  of Court Act 1981, there must  be no publication of the identity of the second, third or fourth claimants or of any matter likely to lead to the identification of any of them in any report of, or otherwise in connection with, these proceedings. 

(c) Pursuant to CPR 5.4C(4):

(i) the parties must within 7 days file a redacted copy of any statement of case filed, omitting the name, address and any other information likely to lead to the identification of the claimant; 

(ii 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; 

(iii) unless the court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case. 

(d) Any person wishing to vary or discharge this Order must make an application, served on each party. 

2. Abridgement of time:

(a) Time for the defendant to file and serve the AoS and Summary Grounds of Defence is abridged to 4pm on 11 July 2025. 

(b) Time for the claimant to file and serve the Reply is abridged to 4pm on 16 July 2025. 

3. Adjournment of permission to a hearing:

(a) The application for permission to apply for judicial review is adjourned to be determined after a hearing. 

(b) The permission hearing is to be listed with a time estimate of ½ day, including submissions by the parties and an oral judgment by the judge. 

(c) The hearing is to be listed in the last week of the Trinity Term 2025.

(d) At least 5 working days before the hearing, the Claimant must file and serve an electronic copy of the Permission Hearing Bundle, prepared in accordance with the guidance on the Administrative Court website and containing the following documents: 

(i) the Claim Form, Statement of Facts and Grounds and any evidence or other documents filed with the Claim Form; 

(ii) any Acknowledgment of Service, Summary Grounds of Defence and any accompanying documents served by any Defendant and/or Interested Party; 

(iii) any Reply or other document served by any party to the proceedings at the paper permission stage; 

(iv) this Order;

(v) any other document the Court would be likely to consider material to its decision on permission to apply for judicial review. 

(e) At least 5 working days before the date listed for the hearing, the Claimant must file and serve: 

(i) a skeleton argument, maximum 10 pages;

(ii) an electronic bundle containing any authorities which the Court needs to read  at  the  hearing  (the  Authorities  Bundle:  see  para.  22.1.2  of  the Administrative Court Judicial Review Guide); and 

(iii) if requested by the Court, a hard copy version of the Permission Hearing Bundle and Authorities Bundles. 

(f) At least 3 working days before the date listed for the hearing, any party other than the Claimant intending to participate in the hearing must file and serve any skeleton argument, maximum 10 pages. 

4. Liberty to apply: The parties have liberty to apply to vary or revoke these directions, any such application to be referred to the Judge in Charge of the Administrative Court.

REASONS

Anonymity: The second, third and fourth claimants are individuals have a reasonable expectation of privacy in respect of their trans status.  

(2) Abridgement of time/expedition and adjournment of permission to a hearing: The degree of expedition sought by the claimants is not justified given that the guidance challenged was first posted on 25 April 2025, that they did not file any papers until 6 June, that they did not file the current version of the Statement of Facts and Grounds until 17 June (when the claim was issued) and that they did not serve the issued claim until 23 June. However, the claim raises issues of importance to trans people generally and to those who provide services to them. The most appropriate way of dealing with it is to adjourn the decision on permission into open court before the end of the Trinity Term. The directions provide for a moderate degree of expedition which will allow for that.  

Signed:         MR JUSTICE CHAMBERLAIN                     Date: 30/06/25