TPX -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2023-LON-00251

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

16 October 2023

Before:

Deputy High Court Judge Clare Padley

Between:

The King on the application of
TPX

-v-

Secretary of State for the Home Department

Order

Notification of the Judge’s decision on the application for permission to apply for judicial review (CPR 54.11, 54.12) and the Claimant’s applications for expedition and permission to file a reply.
Following consideration of the documents lodged by the Claimant and the Acknowledgement of Service filed by the Defendant
ORDER by Deputy High Court Judge Clare Padley

  1. The Claimant shall be referred to in these proceedings as “TPX” and pursuant to CPR 39.2 there shall be no publication of the name or address of the Claimant or their dependant children or any particulars of the case likely to lead to the identification of the Claimant or their family without the leave of the court.
  2. Pursuant to CPR Rule 5.4C:
    (a) A person who is not a party to the proceedings may obtain a copy of a claim form, judgment or order from the court records only if the same has been anonymised and redacted in accordance with paragraph 1 of this order
    (b) if a person who is not a party to the proceedings applies for permission to obtain a copy of any other document or communication, such application shall be on at least 7 days’ written notice to the Claimant
  3. Any person has liberty on three days’ written notice to the parties to apply to vary or discharge this order.
  4. The Claimant is granted permission to rely on their reply dated 2 October 2023 and the enclosed documents.
  5. The Claimant’s application for permission to apply for judicial review is granted.
  6. The hearing of the claim is expedited and shall be listed for hearing in week commencing 13 November 2023, 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. By reason of multiple complex health needs, the Claimant is a vulnerable person and has three dependent children. On 16 August 2023 the Defendant agreed in writing to dispersal on medical grounds by 22 August 2023, absent exceptional circumstances, but the Claimant and the children have not been dispersed and remain in the same one-room hostel accommodation where they have been living for six months. Whilst no application has been made for interim relief in light of the Defendant’s response, an application for expedition has been made and I consider that an expedited hearing is justified on the grounds of the Claimant’s medical condition.
  2. No application for an anonymity order has been made but I note that the Claimant is a vulnerable asylum seeker with three dependent children who are referred to in the court documentation. I consider that non-disclosure of the identity of the Claimant is necessary to protect the identity of the children and for the proper administration of justice. I have therefore made an anonymity order of the court’s own motion, with provision for liberty to apply.

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, within 14 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.
  2. Any application by the Claimant to serve evidence in reply shall be filed and served within 7 days of the date on which the Defendant serves evidence pursuant to 1(b) 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 4 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 3 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.
  7. CPR 2.11 shall not apply to these proceedings.