XT -v- Secretary of State for Justice (anonymity order)
Administrative CourtHigh CourtQueen's Bench DivisionAnonymity Order
CLAIM NO: CO/1859/2022
In the High Court of Justice
Queen’s Bench Division
Administrative Court
21 June 2022
Before:
Mr Justice Saini
Between:
The Queen on the application on
XT
-v-
Secretary of State for Justice
UPON the application for permission to apply for judicial review and the application for anonymity
AND UPON the Defendant’s application notice filed on 8 June 2022
IT IS ORDERED THAT:
(1) The anonymity application is granted and the Claimant shall not be identified in connection with this claim and shall be hereafter called “XT”.
(2) The claim is stayed behind the cases of CO/3171/2021 and CO/3107/2021.
(3) Within 7 days of handdown of the judgment in those cases, the Claimant shall inform the Defendant whether he intends to withdraw, apply to amend or continue with his existing claim;
(4) In the event the Claimant decides to apply to amend or continue with his existing claim, he shall serve an amended pleading and further case management directions are to be agreed between the parties. In default of agreement, the matter shall be referred to a Judge for further directions.
(5) The Defendant is not required to file an Acknowledgement of Service and/or Summary grounds of Defence until further directions are agreed in accordance with paragraph 4 above.
(6) Costs in the case.
OBSERVATIONS
The issue is whether there should be a stay now or after permission. Given the imminence of the hearing in the related cases, in my view the stay should have immediate effect for the following reasons. It will provide the Claimant with an opportunity to amend or withdraw his claim in light of judgment in the related cases. It will also avoid costs being incurred by the Defendant in preparing summary grounds of defence in a case when they may need to be amended. It will save court time and resources which might be devoted to the question of permission when the nature and shape of the case may change.