SK -v- NHS Frimley Integrated Care Board (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Case number: AC-2024-LON-000805
In the High Court of Justice
King’s Bench Division
Administrative Court
10 April 2024
Before:
Mr Jonathan Glasson KC sitting as a Deputy Judge of the High Court
Between:
The King on the application of
SK
-v-
NHS Frimley Integrated Care Board
Order
Notification of the Judge’s decision on the application for permission to apply for judicial review (CPR 54.11, 54.12)
Following consideration of the documents lodged by the Claimant
ORDER by Mr Jonathan Glasson KC sitting as a Deputy Judge of the High Court
Anonymity
1. The Claimant’s application for anonymity is granted. Pursuant to CPR r.39.2, in any report of these proceedings, there shall be no publication of the name and address of the Claimant or of her children nor any other particulars likely to lead to their identification. In the proceedings, the Claimant shall be anonymised and referred to as “SK”. Her children shall be known as GZ, HZ, JZ and KZ, respectively.
2. Non-parties may not obtain any documents from the court file which have not been anonymised and/or redacted to protect the identity of the Claimant and her children in accordance with paragraph 1 above.
3. Liberty to apply to vary these anonymity provisions on 48 hours’ notice to the parties.
Permission
4. The application for permission to apply for judicial review is granted.
5. The hearing of the claim is expedited and shall be listed for hearing in the week commencing 29 April 2024 or as soon thereafter as the court can accommodate the hearing, with a time estimate of 1 day. If the parties disagree with this time estimate they shall provide a written time estimate within 7 days of service of this order.
Observations
1. I note that the Defendant has not filed an Acknowledgment of Service nor has the Defendant responded to the Administrative Court Office’s requests for observations on the requests for expedition and anonymity. It also appears that the Defendant has not substantively engaged at the pre-action protocol stage.
2. The challenge to the decision that the Claimant’s disabled and terminally ill daughter is not eligible for continuing health care is arguable and should be determined expeditiously.
3. I am satisfied that the identification of the Claimant and her children warrant anonymity on grounds of protecting personal sensitive information.
Case Management Directions
1. The Defendant and any other person served with the Claim Form who wishes to contest the claim or support it on additional grounds shall by 4pm Friday 19 April 2024, 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.
2. Any application by the Claimant to serve evidence in reply shall be filed and served within 5 days of the date on which the Defendant serves evidence pursuant to paragraph 1 above.
3. The parties shall agree the contents of the hearing bundle and must file it with the Court not less than 1 week 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.
4. The Claimant must file and serve a Skeleton Argument not less than 7 days before the date of the hearing of the judicial review.
5. The Defendant and any Interested Party must file and serve a Skeleton Argument not less than 4 days before the date of the hearing of the judicial review.
6. 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 3 days before the date of the hearing of the judicial review.