TS -v- London Borough of Hackney (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: CO/1550/2023

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

28 April 2023

Before:

The Honourable Mrs Justice Lang DBE

Between:

The King on the application of
TS (A child by her mother and Litigation friend LS)

-v-

London Borough of Hackney

and

Bayis Sheli (Interested party)

Order

On the Claimant’s application for an anonymity order, interim relief, directions and expedition;
Following consideration of the documents lodged by the Claimant;
Order by the Honourable Mrs Justice Lang DBE

  1. 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 and her litigation friend, nor any other particulars likely to lead to their identification. In the proceedings, the Claimant shall be anonymised and referred to as “TS” and the litigation friend shall be anonymised and referred to as “LS”.
  2. The Claimant’s solicitors shall file with the Court copies of case documents which have been anonymised and/or redacted to protect the identity of the Claimant and her litigation friend, in accordance with paragraph 1 above.
  3. 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 litigation friend, in accordance with paragraph 1 above.
  4. The claim is certified as fit for expedition.
  5. The Defendant must serve its Acknowledgment of Service and Summary Grounds of Resistance, together with its response to the application for interim relief, within 14 days of the date of service of the claim form and supporting documents by the Claimant.
  6. The Claimant shall file a Reply and/or evidence in response to documents filed by the Defendant pursuant to paragraph 5 above, within 7 days of service thereof.
  7. The applications for permission and for interim relief shall be considered by a Judge on the papers within 2 weeks of the date on which the Claimant’s Reply is filed.
  8. Liberty to apply to vary or discharge this order on 2 days notice to the other party.
  9. Costs reserved.

Reasons

  1. I have granted the anonymity orders as the Claimant is a disabled child. In the circumstances, a departure from the general principle of open justice is justified.
  2. I have expedited the claim and abridged the Defendant’s time for filing the Acknowledgment of Service because of the convincing evidence that the Claimant’s family are in urgent need of assistance.
  3. It would not be appropriate to make a mandatory order, increasing the amount of care provided by the Defendant, without first giving the Defendant an opportunity to be heard. The application for interim relief will be considered at permission stage.
  4. I have directed the Claimant to file a Reply and/or evidence to assist the Court in considering the applications.