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Form JR 2. Judicial Review. Permission granted + expedited hearing. Version September 2020
In the High Court of Justice CO/3610/2020
Queen’s Bench Division
Administrative Court
In the matter of an application for judicial review
THE QUEEN
on the application of
Good Law Project Ltd and others
Claimants
-and- Secretary of State for Health and Social Care
Defendant
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 Claimants and the
Acknowledgement of service filed by the Defendant
ORDER by the Honourable Mr Justice Mostyn
1. The application for permission to apply for judicial review is granted in
respect of grounds 1, 2 and 4. The application for permission in
respect of ground 3 is adjourned to, and rolled up into, the
substantive hearing.
2. The final hearing of the claim shall be listed for hearing on the first
open date after 11 January 2020 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.
3. The substantive hearing shall take place remotely using Microsoft
Teams or CVP unless it has been decided by the judicial authorities
that an attended hearing at that time can safely take place.
Observations
1. In my judgment it is arguable that the claimants have standing to
bring this claim.
2. Grounds 1, 2 and 4 are clearly arguable. Ground 3 is borderline. The
permission application in respect of it will be adjourned to and rolled
up into the substantive hearing.
3. If the defendant were to give formal binding undertakings to the court
in respect of his intended timely compliance with his legal obligations,
then consideration would have to be given by the claimant as to
whether it is a proportionate use of the court’s resources for the
claim to continue.
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Form JR 2. Judicial Review. Permission granted + expedited hearing. Version September 2020
X
Case Management Directions
1. The Defendant 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, the Defendant having
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. The Claimant shall file and serve any evidence in reply within 14 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. The hearing
bundle shall not exceed, without the permission of the court, 750
pages.
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 must file and serve a Skeleton Argument not less
than 2 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 1
week before the date of the hearing of the judicial review.
Case NOT suitable for hearing by a Deputy High Court Judge
Signed: The Honourable Mr Justice Mostyn
The date of service of this order is calculated from the date in the
section below
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Form JR 2. Judicial Review. Permission granted + expedited hearing. Version September 2020
For completion by the Administrative Court Office
Sent / Handed to
either the Claimant, and the Defendant [and the Interested Party]
or the Claimant's, and the Defendant’s [and the Interested Party’s] solicitors
Date: 12/11/2020
Solicitors: DEIGHTON PIERCE GLYNN SOLICITORS
Ref No: UOH/3553/011/BG
Notes for the Claimant
To continue the proceedings a fee is payable.
For details of the current fee please refer to the Administrative Court fees
table at https://www.gov.uk/court-fees-what-they-are.
Failure to pay the fee or submit a certified application for fee remission may result
in the claim being struck out.
The form to make an application for remission of a court fee can be obtained from
the Justice website https://www.gov.uk/get-help-with-court-fees
You are reminded of your obligation to reconsider the merits of your claim on
receipt of the Defendant’s evidence.