Case No: CO/4015/2022
In the High Court of Justice
King’s Bench Division
6 December 2022
Timothy Corner KC sitting as a Deputy High Court Judge
The King on the application of OO (by his mother and litigation friend, PP)
East Sussex County Council
Following consideration of the documents lodged by the Claimant and the Acknowledgement of service filed by the Defendant
- For the purposes of these proceedings the Claimant shall be referred to as OO and the Claimant’s mother and litigation friend, Abigail Bosanquet, shall be referred to as PP.
- No person shall disclose or publish any document relating to these proceedings in such a manner as to identify either directly or indirectly the Claimant or his mother.
- The application for permission to apply for judicial review is granted.
- The application is to be listed for a substantive hearing as per the directions below.
- Despite the difficulties of making provision as per the Claimant’s EHC Plan, the claim is clearly arguable, and it should be dealt with swiftly in the interests of both parties.
Case Management Directions
- The Defendant shall file and serve (a) Detailed Grounds for contesting the claim and (b) any written evidence that is to be relied on, within 14 days of this Order. 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 evidence in reply on behalf of the Claimant shall be filed and served within 7 days after the date on which the Defendant serves evidence pursuant to 1(b) above.
- The claim shall be listed for a substantive hearing on the first open date 14 days thereafter with a time estimate of 1 day.
- The parties shall agree the contents of the hearing bundle and must file it with the Court not less than 14 days 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 10 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 5 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 3 days before the date of the hearing of the judicial review.