TH -v- Cornwall Council (anonymity order and application for judicial review)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim Number: AC-2024-CDF-00128

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

In the matter of an application for judicial review

8 August 2024

Before:
His Honour Judge Picton
sitting as a judge of the High Court

Between:
The King
on the application of TH
(by his Litigation Friend and mother EH)
-v-
Cornwall Council

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 His Honour Judge Picton sitting as a judge of the High Court

  1. The application for permission to apply for judicial review is adjourned to be listed in court as a “rolled-up hearing”, on notice to the Defendant, on the 23rd of August 2024. If permission to apply for judicial review is granted at that hearing, the Court will proceed immediately to determine the substantive claim.
  2. The application is to be listed for half a day; the parties to provide a written estimate within 7 days of service of this order if they disagree with that estimate.
  3. The hearing will be listed at Cardiff CJC.
  4. Anonymity is granted to TH pursuant to Section 39 of the Children and Young Persons Act 1933. The Claimant will be referred to as TH and his Litigation Friend, EH, in these proceedings.
  5. No person or body, shall by any means, whether orally or in writing or electronically, or by any way of social media or any other way, directly or indirectly:
    a. Publish or communicate information or any part of it concerning TH and EH;
    b. Cause, enable, assist or encourage the publication or communication, the information or any part of it, concerning TH or EH. In particular, this should cover publication of TH’s residence, family, and any information in relation to TH’s family members.

Observations

  1. The Defendant has failed to comply with the order of HHJ Lambert dated the 19th of July 2024.
  2. The approaching start of the new school year means that this issue needs to be resolved with a degree of urgency.
  3. The fact that the Defendant appears unable to engage constructively with the issues raised leaves little alternative but to list this case for resolution.
  4. Given the age and circumstances of the child I grant anonymity pending the final hearing.

Case Management Directions

  1. The Claimant must, within 7 days of the date of service of this Order, file an undertaking to pay the continuation fee (see below) if permission to apply for Judicial Review is granted
  2. The Defendant and any other person served with the Claim Form who wishes to contest the claim or support it on additional grounds shall, within 7 days of the date of service of this Order, 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. For the avoidance of doubt, a party who has filed and served Summary Grounds pursuant to CPR 54.8 may comply with (a) above by filing and serving a document which states that those Summary Grounds shall stand as the Detailed Grounds required by CPR 54.14.
  3. 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 1(b) above.
  4. The parties shall agree the contents of the hearing bundle and must file it with the Court not less than one week before the date of the hearing of the judicial review. In the absence of agreement the current bundle will serve as the hearing bundle. 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.
  5. The Claimant must file and serve a Skeleton Argument not less than 7 days before the date of the hearing of the judicial review.
  6. The Defendant and any Interested Party must file and serve a Skeleton Argument not less than 5 days before the date of the hearing of the judicial review.
  7. 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.
  8. CPR 2.11 shall not apply to these proceedings.