Isherwood & four others -v- The Welsh Ministers (anonymity order)
Administrative CourtHigh CourtQueen's Bench DivisionAnonymity Order
CO Ref: CO/1211/2022
In the High Court of Justice
Queen’s Bench Division
Administrative Court
9 June /2022
Before:
The Honourable Mrs Justice Steyn DBE
In the matter of an application for judicial review
The Queen
on the application of
Between:
Kimberley Isherwood and four others
-v-
The Welsh Ministers
Order
UPON the Order of Turner J sealed on 9 June 2022 granting (inter alia) the application for anonymity by the second claimant in respect of herself and her daughter
AND UPON the Claimants’ application dated 22 June 2022 for an order under CPR 5.4C(4)(a) prohibiting non-parties from accessing the statement of case and other documents in the court record which contain the name and details of the second claimant or her daughter
Following consideration of the documents lodged by the parties
Order by the Honourable Mrs Justice Steyn DBE
1. Upon the Court being satisfied that it is strictly necessary no copies of any documents on the court file in respect of this matter which contain the name, or any identifying details of the second claimant or her daughter, will be provided to any non-party without further order of the Court.
2. Any non-party seeking access to, or copies of, any documents referred to in paragraph 1 of this order must make an application to the Court, proper notice of which must be given to the other parties.
3. The Claimants shall file redacted copies of (i) the Claimants’ statement of facts and grounds and (ii) the Defendant’s summary grounds of resistance by 4pm on 4 July 2022. The only redactions shall be those necessary to remove the name, address or other identifying details of the second claimant and her daughter, which names should be replaced with the cyphers “AXD” and “BXD”, respectively.
Reasons
1. In order to ensure that the anonymity order made by Turner J is effective, I consider it necessary to granting the application for a restriction to be placed on disclosure to non-parties of the documents on the file, insofar as those documents would reveal the identity of the second claimant or her daughter.
2. The court has received an application from a non-party for the statements of case to be provided. I have therefore required the Claimants to provide redacted copies of those so that those versions can be provided to the non-party.
Case Number: CO/1211/2022
In the High Court of Justice
Queen’s Bench Division
Administrative Court
Date: 26/05/2022
In the matter of an application for judicial review
The Queen
on the application of
Between:
KIMBERLY ISHERWOOD & 4 Others
-v-
THE WELSH MINISTERS
Before the Honourable Mr Justice Turner sitting at the Royal Courts of Justice, The Strand, City of Westminster WC2A 2LL
UPON READING the relevant documents in the permission bundle
IT IS ORDERED THAT
1. Permission to apply for judicial review is granted.
2. The second claimant’s application for anonymity and that of her daughter is granted.
3. The Welsh Ministers are substituted as defendants in place of the Ministers of Education and Welsh Language.
REASONS
The issues raised on behalf of the claimants involve the consideration of complex constitutional matters with potentially very significant consequences for both parents and children. The response of the defendants, although not without force, is not so obviously determinative of the issues as to justify the refusal of permission. It is likely that robust case management will be required to ensure that the scope of the challenge and the response thereto are kept within the bounds of reasonable proportionality.