Rupert Lowe MP -v- The Independent Complaints and Grievance Scheme (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON-003806

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

In the matter of an application for judicial review

19 December 2025
Amended under the slip rule 22 December 2025

Before:

The Hon. Mr Justice Chamberlain

Between:

The King
on the application of
Rupert Lowe MP
(Claimant)

-v-

The Independent Complaints and Grievance Scheme
(Defendant)

and

MIC
(Interested Party)

Order

On an application by the Defendant for anonymity in respect of the Interested Party and an application by the Claimant for permission to apply for judicial review

Following consideration of the documents lodged by the Claimant, the Defendant’s AoS and Summary Grounds of Resistance and Application for Anonymity

ORDER BY THE HON. MR JUSTICE CHAMBERLAIN

  1. Anonymity:

(a) Pursuant to CPR 39.2(4) and s. 6 of the Human Rights Act 1998:

(i) The Interested Party’s name is to be withheld from the public and must not be disclosed in any proceedings in public; and

(ii) the Interested Party is to be referred to orally and in writing as MIC.

(b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant Interested Party or of any matter likely to lead to the identification of the Claimant Interested Party in any report of, or otherwise in connection with, these proceedings.

(c) Pursuant to CPR 5.4C(4):

(i) the parties must within 7 days file a redacted copy of any statement of case filed, omitting the name, address and any other information likely to lead to the identification of the Claimant Interested Party;

(ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant Interested Party, a redacted copy omitting that information must be filed at the same time;

(iii) unless the Court grants permission under CPR 5.4C(6), no non- party many obtain a copy of any unredacted statement of case.

(d) Any person wishing to vary or discharge this Order must make an application, served on each party.

  1. Preliminary issue as to justiciability:

(a) Before determining whether to grant permission to apply for judicial review, the Court will determine as a preliminary issue the question whether the claim is justiciable in the light of Article IX of the Bill of Rights and/or the wider principle of Parliamentary privilege.

(b) The preliminary issue hearing is to be listed after consultation with counsels’ clerks but in any event on a date before the end of the Hilary Term 2026, with a time estimate of 1 day.

(c) Within 21 days of the service of this Order, the Claimant must file and serve an electronic copy of a Preliminary Hearing Bundle, prepared in accordance with the guidance on the Administrative Court website and containing the following documents:

(i) the Claim Form, Statement of Facts and Grounds and any evidence or other documents filed with the Claim Form;

(ii) the Acknowledgment of Service, Summary Grounds of Resistance and any accompanying documents served by any Defendant and/or Interested Party;

(iii) the Claimant’s Reply;

(iv) this Order;

(v) any other document the Court would be likely to consider material to its decision on permission to apply for judicial review.

(d) At least 14 days before the date listed for the hearing, the Claimant must file and serve:

(i) a skeleton argument, maximum 20 pages;

(ii) an electronic bundle containing any authorities which the Court needs to read at the hearing (the Authorities Bundle: see para. 22.1.2 of the Administrative Court Judicial Review Guide); and

(iii) if requested by the Court, a hard copy version of the Permission Hearing Bundle and Authorities Bundles.

(b) At least 7 days before the date listed for the hearing, any party other than the Claimant intending to participate in the hearing must file and serve any skeleton argument, maximum 20 pages.

REASONS

(1) Anonymity: The Interested Party has made a complaint through a Parliamentary scheme which is intended to be confidential. The defendant asserts that the claim is non-justiciable. There is a real danger that naming the Interested Party would undermine the confidentiality of the scheme in circumstances where the court may in due course conclude that the underlying claim is not justiciable. This justifies the limited derogations from the open justice principle in paragraph 1 of this Order.

(2) Preliminary issue: The justiciability of the claim raises a constitutional issue which, if determined in the Defendant’s favour, means that the Court should not entertain this claim. In any event, the issue is likely to arise in other cases. In those circumstances, there is a strong public interest in a prompt and authoritative determination of the issue: see by analogy R (Campbell) v Attorney General [2025] EWHC 1643 (Admin).

Signed: MR JUSTICE CHAMBERLAIN
Date: 19/12/25
Amended under the slip rule pursuant to CPR 40.12 on 22/12/25