Case Number: CO/4827/2022
In the High Court of Justice
King’s Bench Division
17 January 2023
In the matter of an application for judicial review
on the application of
RJ (by his litigation friend and mother MK)
Devon County Council
On an application by the Claimant for interim relief
Following consideration of the documents lodged by the Claimant and the Defendant
ORDER by His Honour Judge Lambert sitting as a judge of the High Court
- The Claimant shall be afforded anonymity, to be referred to as “RJ”. The identity of the Claimant shall not be disclosed outside these proceedings. There shall not be disclosed in any report of the proceedings the name or address of the Claimant or any details leading to the identification of the Claimant.
- Pursuant to CPR rule 5.4C a person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the court records only if the statement of case, judgment or order has been anonymised such that: (a) the Claimant is referred to in those documents only as RJ; and (b) that any identifying reference to the Claimant be deleted from those documents;
- Interim relief is declined.
- The Defendant must file amended Summary Grounds of Resistance by 4 PM 23 January 2023.
- Permission to apply for judicial review is to be determined as soon as possible after receipt of the amended Summary Grounds of Resistance.
Given the practical and geographical reality of the situation I am concerned that you are seeking too much, too soon from the Local Authority. My initial determination was that there was a real issue to be tried. (Please do not mistake this for a peremptory determination that you will succeed at the permission stage.) The balance of convenience or least risk of injustice lies in maintaining the status quo. Permission will now be determined against the amended Summary Grounds of Resistance for which I have given permission.
Signed PJL Lambert (Julian Lambert) sitting as a judge of the High Court 17.01.23