R (GHS) and ELA (interested party) -v- Birmingham Children’s Trust (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case Number: CO/3834/2022

High Court of Justice
King’s Bench Division
Administrative Court

13 June 2023

In the matter of an application for judicial review

Before:
HHJ Richard Williams

Between:
THE KING
on the application of
R (GHS, by his litigation friend ELA)
-v-
Birmingham Childrens Trust

Anonymity 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 Defendant

ORDER by His Honour Judge Richard Williams sitting as a High Court Judge

  1. Pursuant to CPR r. 39.2(4) the Claimant and the Litigation Friend are granted anonymity. Their identities shall not be disclosed outside of these proceedings. There shall not be disclosed in any report of the proceedings their names or address or any details leading to their identification. This application shall be known and listed only as ‘as R (GHS, by his litigation friend ELA) v Birmingham Childrens Trust’
  2. The Defendant’s application for an extension of time to file and serve its Acknowledgement of Service and Summary Grounds of Defence is granted;
  3. The Claimant’s application to rely on the reply to the Defendant’s Summary Grounds of Defence is granted.
  4. The application for permission to apply for judicial review is granted.
  5. The application is to be listed for 3 hours; 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.
  1. 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.
  2. 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.
  3. The Claimant must file and serve a Skeleton Argument not less than 21 days before the date of the hearing of the judicial review.
  4. The Defendant and ariy Interested Party must file and serve a Skeleton Argument not less than 14 days before the date of the hearing of the judicial review.
  5. The parties s_hall 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.
  6. 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.

Case NOT suitable for hearing by a Deputy High Court Judge* D

Signed HHJ Richard Williams