In the High Court of Justice
King’s Bench Division
8 September 2023
The Honourable Mr Justice Swift
The King on the application of
Secretary of State for the Home Department
Notification of the Judge’s decision on the application for permission to apply for judicial review (CPR 54.11, 54.12), and on the Defendant’s Application Notice dated 2 August 2023
Following consideration of the documents lodged by the Claimant [and the Acknowledgement(s) of service filed by the Defendant and/or Interested Party]
ORDER by the Honourable Mr Justice Swift
- The Claimant shall be referred to in these proceedings as “RH”, and pursuant to CPR 39.2 there shall be no publication of the name or address of the Claimant or any particulars of the case likely to lead to the identification of the Claimant without the leave of the court. Any person has liberty on three days’ written notice to the parties to apply to vary or discharge this order
- The application for permission to apply for judicial review is granted.
- The hearing of the claim is expedited and shall be listed for hearing together with claims CO/2285/2023 and CO/1940/2023. In the directions that follow, references to “the parties” are to the parties to this claim and the parties to claims CO/2285/2023 and CO/1940/2023.
- CPR 2.11 shall not apply to these proceedings.
- The Defendant shall, by 4pm on 15 September 2023, 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.
- Any application by the Claimant to serve evidence in reply shall be filed and served by 4pm on 22 September 2023. Any such application shall include a draft of the evidence in respect of which permission is sought.
- 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.
- 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 1 week before the date of the hearing of the judicial review.
- The Claimant shall file and serve their Skeleton Argument not less than 14 days before the date of the hearing of the judicial review.
- The Defendant shall file and serve a Skeleton Argument not less than 7 days before the date of the hearing of the judicial review.
- The final hearing of these claims shall be listed for hearing on or after 23 October 2023 and in any event no later than the end of Michaelmas term, time estimate 3 days.
- The Defendant does not formally object to the grant of permission in this case, and in any event has applied for this case to be heard with CO/2285/2023 and CO/1940/2023. A decision granting permission to apply for judicial review is a practical (if not legal) condition to the grant of that application
- I accept the submissions made in support of the Defendant’s application (which is not opposed by the Claimant). The directions above follow those already given in the other 2 claims. I have increased the time estimate given in the other two case to allow for the addition of this claim.