HB and HC -v- HM Senior Coroner for the Somerset area (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim numbers: CO/214/2023, CO/879/2023

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

3 April 2023

Before:

The Honourable Mr Justice Kerr

Between:

The King (on the application of HB by his litigation friend TB)

-v-

HM Senior Coroner for the Somerset area

and

Daniel Selwood (Interested party)

And between:

The King (on the application of HC by his litigation friend CC)

-v-

HM Senior Coroner for the Somerset area

and

Daniel Selwood (Interested party)

Order

On the application of the claimant in each case for permission to apply for judicial review, anonymity and case management directions
Following consideration of the permission bundles, the acknowledgments of service, written representations and other documents filed with the court
Order by the Honourable Mr Justice Kerr

  1. Permission is in both cases adjourned to be considered at a rolled up hearing of both claims together, in Cardiff, before a Divisional Court, with a time estimate of one day, excluding judgment, on a date to be fixed if possible in May or June 2023.
  2. The directions numbered 1-4, 8 and 9 given by Lang J in CO/879/2023 on 9 March 2023 shall apply in each of the two claims. Accordingly in each of the two claims:
    “1. Pursuant to CPR r.39.2, in any report of these proceedings, there shall be no publication of the name and address of the Claimant and his litigation friend, nor any other particulars likely to lead to their identification. In the proceedings, the Claimant shall be anonymised and referred to as “HC” [/ “HB”] and the litigation friend shall be anonymised and referred to as “CC” [/ “TB”].
    2. The Claimant’s solicitors shall file with the Court copies of case documents which have been anonymised and/or redacted to protect the identity of the Claimant and his litigation friend, in accordance with paragraph 1 above.
    3. Non-parties may not obtain any documents from the court file which have not been anonymised and/or redacted to protect the identity of the Claimant and his litigation friend, in accordance with paragraph 1 above, save with the leave of the Court.
    4. The claim is to be expedited.
    ….
    8. Liberty to apply to vary or discharge this order on 2 days notice to the other party.
    9. Costs reserved.”

Case management directions

  • The claimant must lodge, within 7 days of service of this order, an undertaking to pay the required fee if permission to apply for Judicial Review is granted (or complete an Application for Remission of a Fee, if appropriate).
  • The defendant and any other person served with the claim form who wishes to contest the claim or support it on additional grounds must file and serve detailed grounds for contesting the claim or supporting it on additional grounds and any written evidence, within 14 days of service of this order.
  • Any reply and any application by the claimant to lodge further evidence must be lodged within 21 days of the date of this order.
  • The claimant must file and serve a trial bundle not less than 2 weeks before the date of the rolled up hearing of the judicial review
  • The claimant must file and serve a skeleton argument not less than 7 days before the date of the oral hearing.
  • The defendant and any interested party must file and serve a skeleton argument not less than 3 days before the date of the oral hearing.
  • The claimant must file an agreed bundle of authorities, not less than 3 days before the date of the hearing of the judicial review

Listing directions

The application is to be listed for 1 day, excluding judgment; the parties to provide a written estimate within 7 days of service of this order if they disagree with that estimate.

Observations

(1) The claims should clearly be heard together. The claimant and defendant share common representatives in both cases. The issues raised merit the attention of the full court. The parties are agreed that Cardiff is the appropriate venue.
(2) I have included standard case management directions but it is difficult to see what further pleading or evidence is needed; the parties’ cases (apart from the interested party, who as far as I am aware has not taken part so far) are fully set out already.
(3) Lang J has already expedited CO/879/2023. It is appropriate to expedite CO/214/2023 in the hope that they can be heard together in May or June 2023, without if possible disrupting the timetable for the long delayed inquest, currently due to start in July 2023.