NA -v- London Borough of Enfield (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2023-LON-02728

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

18 October 2023

Before:

Rory Dunlop KC

Between:

The King on the application of
NA (by her Litigation Friend PA)

-v-

London Borough of Enfield

Order

Notification of the Judge’s decision on the application for permission to apply for judicial review (CPR 54.11, 54.12) and on the Claimant’s application dated 11 September 2023 for anonymity and expedition.
Following consideration of the documents lodged by the Claimant
ORDER by Rory Dunlop KC

  1. The application for permission to apply for judicial review is granted.
  2. The application is to be listed for 1 day on an expedited basis so as to be heard by the end of this term if possible; the parties to provide a written time estimate within 7 days of service of this order if they disagree with this direction.
  3. Until further order:
    a. There be substituted for all purposes, in place of reference to the Claimant and her litigation by name, and whether orally or in writing, reference to the letters “NA” and “PA” respectively.
    b. The Court file is to be retained by the Court and marked ‘Anonymised’. Pursuant to CPR 5.4C, a person who is not a party to these proceedings may obtain a copy of pleadings, a Judgment or Order from the Court records only if the pleadings, Judgment or Order has been anonymised and identifying information removed.
    c. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or her Litigation Friend. In particular, disclosure of the their names and address is prohibited.

Observations

  1. The grounds appear arguable. The failure of the Defendant, to date, to engage with these proceedings has made it difficult to assess whether there may be any counter-arguments.
  2. As the Claimant is a child, it appears appropriate to make the anonymity order set out above. The order can be revisited at the substantive hearing.
  3. As the case concerns the welfare of a child, a degree of expedition is appropriate. I have therefore abridged the timetable below.

Case Management Directions

  1. 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 14 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.
  2. Any application by the Claimant to serve evidence in reply shall be filed and served within 7 days of the date on which the Defendant serves evidence pursuant to 1(b) above.
  3. The parties shall agree the contents of the hearing bundle and must file it with the Court not less than 2 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.
  4. The Claimant must file and serve a Skeleton Argument not less than 14 days before the date of the hearing of the judicial review.
  5. The Defendant and any Interested Party must file and serve a Skeleton Argument not less than 7 days before the date of the hearing of the judicial review.
  6. 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 3 days before the date of the hearing of the judicial review.