Claim number: AC-2023-LON-002843
In the High Court of Justice
King’s Bench Division
31 October 2023
The Honourable Mr Justice Calver
The King on the application of
The Service Complaints Ombudsman for the Armed Forces
Ministry of Defence (Interested party)
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(s) of service filed by the Defendant
ORDER by the Honourable Mr Justice Calver
- There be substituted for all purposes in these proceedings, in place of references to the Claimant by name, and whether orally or in writing, references to the letter ‘L’.
- Until further order, the publication in connection with these proceedings of the name of the Claimant or of any information liable to lead to his identification in connection with these proceedings be prohibited.
- A non-party may not obtain or inspect a copy of any statement of case or any other document filed with the Court and to which they may have access pursuant to CPR 5.4A-D or otherwise, unless it has been produced or edited so as to comply with paragraph 1 of this Order and/or any substantive direction made by the Court.
- The application for permission to apply for judicial review is granted.
- The application is to be listed for 1/2 day; the parties to provide a written time estimate within 7 days of service of this order if they disagree with this direction.
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 7 days before the date of the hearing of the judicial review.