Case number: CO/1565/2023
In the High Court of Justice
King’s Bench Division
12 October 2023
The Honourable Mr Justice Calver
The King on the application of
Secretary of State for Foreign, Commonwealth and Development Affairs
Secretary of State for Defence
Notification of the Judge’s decision on the application for permission to apply for judicial review and for anonymity (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
- The Claimant shall hereafter be referred to in these proceedings as “MA”, and pursuant to CPR 39.2 there shall be no publication of the name or address of the Claimant or any particulars of the case likely to lead to the identification of the Claimant without the leave of the court. This claim shall be referred to as R (MA) v Secretary of State for Foreign Commonwealth and Development Office and Secretary of State for Defence. Non-parties to these proceedings may only obtain from the court records copies of statements of case or other documents if they are first anonymised in accordance with this order.
- Any person has liberty on three days’ written notice to the parties and to the Court to apply to vary or discharge paragraph 1 of this Order.
- The application for permission to apply for judicial review is granted.
- The application is to be listed for 2 days; 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.