Transactual CLC and another -v- Secretary of State for Health and Social Care and another (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-002062

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

19 June 2024

Before:

Garnham J

Between:

The King on the application of
Transactual CLC

YZ (by her Litigation Friend ZZ)

-v-

Secretary of State for Health and Social Care

Minister for Health for Northern Ireland

Order

UPON the Claimants’ claim for judicial review dated 17 June 2024 and the Claimants’ application for restrictions on open justice

AND UPON reading the Claimants’ claim form, the Statement of Facts and Grounds, the witness statement of ZZ and the Claimants’ application for restrictions on open justice

AND PURSUANT TO s. 6(1) of the Human Rights Act 1998 (taken with Articles 3 and 8 ECHR), CPR r.5.4C(2) and (4), r. 39.2(4), s. 11 of the Contempt of Court Act 1981 and/or s.39 of the Children and Young Persons Act 1933, and the inherent jurisdiction of the Court, the Judge being satisfied that it is necessary to secure the proper administration of justice and/or to protect the interests of YY and ZZ

IT IS ORDERED THAT

1. The names of the Second Claimant and her litigation friend are to be withheld from the public and must not disclosed in any proceedings in open court.

2. There is to be substituted for all purposes in these proceedings in place of references to the Second Claimant by name, and whether orally or in writing, references to the letters YY.

3. There is to be substituted for all purposes in these proceedings in place of references to the Second Claimant’s litigation friend by name, and whether orally or in writing, references to the letters ZZ.

4. Until further order, there must be no publication of the identity of the Second Claimant or her litigation friend or of any matter likely to lead to the identification of the Second Claimant or her litigation friend in any report of, or otherwise in connection with, these proceedings.

5. A non-party may not obtain or inspect a copy of the claim form, certificate of suitability of ZZ as YY’s litigation friend, or any witness statement or exhibits of the Second Claimant or her litigation friend to which the non- party may have access pursuant to CPR r.5.4C or otherwise, unless it has been produced or edited so as to comply with paragraphs 1-4 of this Order and/or any subsequent direction made by the Court.

6. A copy of this order be published on the website of the Judiciary of England and Wales.

7. Any person wishing to apply to vary or discharge this order must make an application to the Court, served on each party at least 3 days before the application is heard.

Order

UPON the Claimants’ claim for judicial review dated 17 June 2024 and application for urgent consideration

AND UPON considering the Pre Action Protocol letter dated 4 June 2024 and the
Defendants’ response to that letter

IT IS ORDERED THAT

  1. The Defendants’ acknowledgement of service, detailed grounds of defence and
    evidence shall be filed and served no later than 4pm on 5 July 2024.
  2. The Claimants may file and serve any evidence in reply to the Defendants’
    detailed grounds no later than 4pm on 9 July 2024
  3. The Claimants shall file and serve their skeleton argument and an agreed hearing
    bundle no later than 4pm on 9 July 2024.
  4. The Defendants shall file and serve their skeleton argument no later than 4pm on
    12 July 2024.
  5. The Claimants shall file an agreed authorities bundle no later than 4pm on 12 July
    2024.
  6. The judge hearing the application shall be allocated at least one day’s reading time
    prior to the hearing.
  7. The matter shall be listed on the first available date after 15 July 2024 for a rolledup
    hearing with a time estimate of 1 day