MAM -v- The City of Westminster (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2023-LON-003451

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

25 January 2024

Before:

Susie Alegre sitting as a Deputy Judge of the High Court

Between:

The King on the application of
MAM

-v-

The City of Westminster

Order

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 of service filed by the Defendant
ORDER by Susie Alegre sitting as a Deputy Judge of the High Court

  1. The application for permission to apply for judicial review is granted.
  2. The claim is to be transferred to the Upper Tribunal for directions.
  3. The identification of the Claimant is prohibited pursuant to CPR 39.2 and the Claimant shall be known as MAM.
  4. Costs reserved.

Observations

1. This is a challenge to the age assessment of the Claimant by the Defendant. The factual case relating to the Claimant’s age, taken at its highest could properly succeed at a factual hearing. Further matters and directions should be addressed by the Upper Tribunal under the power to transfer age assessment cases where permission is given for the factual determination of the claimant’s age to the Upper Tribunal under section 31A(3) of the Senior Courts Act 1981, as inserted by section 19 of the Tribunals, Courts and Enforcement Act 2007. The Upper Tribunal has a sufficient judicial review jurisdiction for this purpose under section 15 of the 2007 Act and by article 11(c)(ii) of the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010, SI 2010 No. 2655.

2. The request for anonymity is not contested.

3. The question of interim relief and the requirement for a litigation friend can be better considered by the Upper Tribunal when giving directions in the case.