RXA -v- Ealing Council (anonymity order)

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2024-LON-003834

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

In the matter of an application for judicial review

22 November 2024

Before:

The Honourable Mr Justice Lavender

Between

The King
on the application of
RXA

-v-

Ealing Council

Order

On an application by the Claimant for interim relief and for anonymity

Following consideration of the documents lodged by the Claimant

ORDER by the Honourable Mr Justice Lavender

Interim Relief

  1. The defendant must not evict the claimant before the hearing to be listed pursuant to paragraph 2 below.
  2. The claimant’s application for interim relief will be listed expeditiously on the first available date after Friday 1 December 2024.
  3. The defendant must file a skeleton argument and any evidence on which it wishes to rely in response to the application for interim relief by 4 pm on Thursday 7 December 2024.

Anonymity

  1. Pursuant to CPR Rule 39.2(4) no-one may publish in any newspaper, broadcast, social media or other media any name, address, image or other information tending to identify the claimant as party to these proceedings.
  2. In any publication, broadcast, social media or other media relating to these proceedings, the claimant shall be known by the letters RXA.
  3. Pursuant to CPR Rule 5.4C a person who is not a party to these proceedings may only obtain a copy of a statement of case, judgment, order or other document from the court records if the document has been anonymised such that: (a) The claimant is referred to as RXA.
    (b) The address of the claimant has been deleted.
  4. Insofar as any statement of case, judgment, order or other document to which anyone might have access pursuant to CPR Rule 5.4A-D has not been anonymised in accordance with paragraph 6 above, the claimant has permission to file with the court an anonymised copy of that document, which is to be treated for all purposes as being in substitution for the relevant original, with the original being retained by the court in a sealed envelope marked “not to be opened without the permission of a Judge or Master of the King’s Bench Division”.
  5. Any interested party, whether or not a party to the proceedings, may apply to the court for an order setting aside, varying or discharging paragraphs 4 to 7 of this Order, provided that any such application is made on 7 working days’ notice to the claimant.

Reasons

  1. I am concerned that, whatever the merits, if any, of the claimant’s claim to be a Zambrano carer, it may well be that section 185(2) of the Housing Act 1996 applies in this case and that the contrary is not arguable. However, I am prepared to give both parties an opportunity to be heard and to make an order preventing eviction until that hearing has taken place.
  2. I note that it appears that: (a) the claimant’s circumstances have changed since 2022, in that his leave to remain has expired; and (b) the claimant has had the opportunity to make representations to the council on his immigration status and its implications for his eligibility for housing assistance.
  3. Anonymity is necessary because of the personal information concerning the claimant’s medical information which is central to this claim.

Signed: Nicholas Lavender
Dated: 22 November 2024