REF: CA-2023-000085, CA-2023-000085-A
In the Court of Appeal
6 February 2023
Rt. Hon. Lord Justice Dingemans
Secretary of State for Work & Pensions
ORDER made by the Rt. Hon. Lord Justice Dingemans
On consideration of the application for various orders
And on consideration of the papers and without an oral hearing
- There is to be no disclosure or publication of any matter likely to lead members of the public to identify the Respondent, her daughter, her support worker or the body providing the refuge used by the Respondent without the permission of a judge of the Court of Appeal.
- This order is to be served by the Respondent on the Press Association.
- Any person may apply for this order to be discharged or varied on 3 working days’ notice to the parties and the Court of Appeal.
- The AIRE Centre and IMA are granted permission to intervene on the hearing of the appeal on terms that: (a) written submissions are limited to a maximum of 15 pages each; (b) oral submissions are limited to a maximum of 30 minutes each; and (c) the Aire Centre and IMA shall not seek their costs nor shall they be subject to an order for costs.
- The Appellant is to serve core and supplemental bundle indices by 4 pm on 6 February 2023.
- The parties are to attempt to agree the bundle indices by 4 pm on 13 February 2023.
- The Appellant is to serve the final bundle indices by 4 pm on 16 February 2023.
- The Respondent’s appeal skeleton argument is to be filed and served by 4 pm on 23 February 2023.
- The Interveners’ appeal skeleton arguments are to be filed and served by 4 pm on 23 February 2023.
- The Appellant is to file and serve final bundles by 4 pm on 27 February 2023.
- Replacement skeleton arguments are to be filed and served by 4 pm on 1 March 2023.
- The Bundle of authorities is to be filed and served by the Appellant by 4 pm on 1 March 2023.
Appellant’s Skeleton Argument
- The appellant be granted permission to rely on the annex to its Skeleton Argument.
- The appeal be listed for 2 days on 9 and 10 March 2023 to follow on from the hearing of the appeal in A v Barnet.
For the anonymity order:
On the papers before me, it is apparent that there is a history of domestic abuse involving the Respondent. It is necessary to protect the identity of the Respondent and her daughter and where they are residing to avoid the risk of harm. I have directed the Respondent to serve the order on the press association and have given permission to apply to vary or discharge the order.
For the interventions:
It is apparent that the Aire Centre and IMA might be able to provide relevant assistance to the Court. I have limited the written submissions to 15 pages and oral submissions to 30 minutes because that should provide sufficient space and time to provide the assistance. I have directed that the intervention should be on the basis that costs orders are not made for or against the interveners. The appellant sought to reserve its position in case an intervener “strays outside the proper role of an intervention”, see the letter dated 1 February 2023. If that occurred the court would ignore any improper material and would be able to control the intervener.
For the timetable:
I have adopted the timetable which the parties have helpfully agreed.
For the appellant’s Skeleton Argument:
The appellant has served an annex to its Skeleton Argument identified as “legal framework”. This is not provided for in the relevant rules, see Practice Direction 52A at paragraph 5. The appellant has not sought permission to rely on the annex. The Court is very rarely assisted by Skeleton Arguments which exceed the 25 pages provided for in Practice Direction 52C at paragraph 31(1)(a) or by separate annexes which can become separated from the main Skeleton Argument. In circumstances where the Skeleton Argument has been drafted and lodged I will grant permission as it is likely to avoid more costs being incurred.
I have set out the dates on which the appeal is to be listed.
1) Where an application (other than an application for permission to appeal) has been refused on the papers, the applicant may request that the decision be reconsidered.
2) An application for reconsideration must be filed within 7 days after the party is served with notice of the decision.
3) The reconsideration will be determined by the same or another judge on paper without an oral hearing; except that the judge determining the reconsideration on paper may direct that the reconsideration be determined at an oral hearing, and must so direct if the judge is of the opinion that the reconsideration cannot be fairly determined on paper without an oral hearing: see CPR 52.24.
Date: Lord Justice Dingemans 6 February 2023
BY THE COURT