TW -v- Essex County Council (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/465/2023

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

30 June 2023

Before:

The Honourable Mrs Justice Lang DBE

Between:

The King on the application of
TW

-v-

Essex County Council

and

Colchester City Council (Interested party)

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 parties,
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, nor any other particulars likely to lead to his identification. In the proceedings, the Claimant shall be anonymised and referred to as “TW”.
  2. Within 7 days of the date of service of this order, 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, 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, in accordance with paragraph 1 above.
  4. The application for permission to apply for judicial review is adjourned to be listed in court as a “rolled-up hearing”. If permission to apply for judicial review is granted at that hearing, the Court will proceed immediately to determine the substantive claim.
  5. The application is to be listed for 2 days; the parties to provide a written estimate within 7 days of service of this order if they disagree with that estimate.
  6. Venue: London.
  7. The Defendant’s time for filing its Acknowledgment of Service is extended to 20 March 2023.
  8. The Claimant is granted permission to rely on his Reply.
  9. The Claimant’s application to rely upon the witness statement of Ms Tracey Brushett, Head of Housing Options at Colchester Borough Homes is adjourned for determination by the Court at the commencement of the hearing.
  10. Costs in the case.

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 28 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.
  3. The Claimant may file and serve any Reply and any further evidence within 14 days of the date on which the Defendant serves Detailed Grounds and/or evidence.
  4. The Claimant must file and serve an agreed hearing bundle, not less than 21 days before the date of the hearing. The electronic version of the bundle shall be prepared and lodged by the Claimant in accordance with the Guidance on the Administrative Court website. The Claimant must also lodge two hard-copy versions of the hearing bundle at the Administrative Court Office, not less than 21 days before the date of the hearing.
  5. The Claimant must file and serve a Skeleton Argument not less than 21 days before the date of the hearing.
  6. The Defendant, and the Interested Party if it intends to participate in the proceedings, must file and serve a Skeleton Argument not less than 14 days before the date of the hearing.
  7. The Claimant must file and serve an agreed authorities bundle, not less than 5 days before the date of the hearing. The electronic version of the bundle shall be prepared by the Claimant in accordance with the Guidance on the Administrative Court website. The Claimant must also lodge a hard-copy version of the authorities bundle at the Administrative Court Office, not less than 5 days before the date of the hearing.

Observations

  1. I have ordered a rolled-up hearing in this case because, although the Claimant has raised potentially arguable grounds, the Defendant contends with some force that Grounds 1 to 3 have been brought substantially out of time, and that permission should be refused on that basis. I consider that an oral hearing, with the benefit of submissions from counsel, is required on this preliminary issue, because of the analysis of the evidence and the law which will be required.
  2. The Defendant’s application for a short extension of time to 20 March 2023 for filing its Acknowledgment of Service is granted. The Claimant consents to the extension.
  3. I have granted the Claimant permission to rely on his Reply because it is relevant to the issues in the claim.
  4. I have adjourned the Claimant’s application to rely upon the witness statement of Ms Tracey Brushett, Head of Housing Options at Colchester Borough Homes because of the objections raised by the Defendant and the Interested Party. The Judge hearing the claim will be in a better position than the permission Judge to determine this application.
  5. I have granted an anonymity order. Although the Claimant is now a young adult, this claim concerns events during his childhood, including sensitive personal information about his private and family life. In the circumstances, a departure from the general principle of open justice is justified.