OBN -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2023-LON-002241

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

22 November 2023

Before:

Andrew Kinnier K.C. sitting as a Deputy High Court Judge

Between:

The King on the application of
OBN (a Minor) by his litigation friend MUHAMMAD FARHAD

-v-

Secretary of State for the Home Department

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 Andrew Kinnier K.C. sitting as a Deputy High Court Judge

  1. The claimant’s application for anonymity is granted and, under CPR 5.4A-5.4D and 39.2, with effect from the date of this order and until further order:
    1.1 There shall be substituted for all purposes of this case, in place of references to the claimant’s name, reference to “OBN”;
    1.2 There shall be no publication of any name, address, picture or other information likely to lead to the identification of the claimant as being the claimant in these proceedings;
    1.3 In sub-paragraph 1.2 above, ‘publication’ means communication to the public or any section of the public. It includes publication in a newspaper or broadcast, or on the internet, by any person;
    1.4 The defendant and any party served with or given notice of the anonymity order has permission to apply to discharge or vary that order. Any application for that purpose must be made in writing and on notice to all parties; and
    1.5 Any application for permission to inspect or obtain a non-anonymised version of document must be made on notice to the claimant and in accordance with CPR 5.4C(6).
  2. The application for permission to apply for judicial review is granted on all grounds.
  3. The application is to be listed for 1 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

  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 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.
  2. 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.
  3. 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.
  4. The Claimant must file and serve a Skeleton Argument not less than 21 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 14 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.
  7. If permission has been granted on some grounds but refused on others, the Claimant may request that the decision to refuse permission be reconsidered at a hearing by filing and serving a completed Form 86B within 7 days after the date this order is served on the Claimant. The reconsideration hearing will be fixed in due course. However, if all parties agree and time estimates for substantive hearing allow, the reconsideration hearing may take place immediately before the substantive hearing. The Administrative Court Office must be notified within 21 days of the service and filing of Form 86B if the parties agree to this course.