Dr Imad Naasani & Ors, R (on the application of) v Secretary of State for Foreign, Commonwealth and Development Affairs
[2024] EWHC 1850 (Admin)
Valencia Waste Management Ltd, R (on the application of) v Environment Agency
24 April 2024
[2024] EWHC 939 (Admin)
High Court
A court case was started in Manchester but moved to London because a special lawyer (special advocate) needs to be involved, and those lawyers mostly work in London. The court thought it would be easier and safer to handle the case in London.
Key Facts
- •Judicial review proceedings commenced in Manchester in November 2022 concerning a decision refusing a £4m transfer for a Suffolk site.
- •The Defendant notified its intention to apply under s.6(2) of the Justice and Security Act 2013 for a closed material procedure (CMP).
- •A special advocate is to be instructed.
- •The Claimant is based in Bicester, solicitors in Chester, and the decision-maker in Warrington.
- •No initial application for venue transfer was made by the Defendant.
- •The Defendant's unilateral communication regarding venue transfer did not comply with CPR 39.8.
- •The Defendant filed a proper Form N244 application to transfer proceedings to London.
Legal Principles
Judicial review proceedings should be commenced in the Administrative Court office for the region most closely connected to the claim's subject matter, unless the claim falls within excepted classes.
CPR PD54C §2.1
Proceedings where a special advocate is or is to be instructed are an excepted class of claim and should be transferred to London.
CPR PD54C §3.1(1)(d)
The Court has the power to transfer proceedings to another office on application by a party or its own initiative.
CPR PD54C §2.3
Communications between the court and parties must comply with CPR 39.8.
CPR 39.8
Outcomes
The judicial review proceedings were transferred to London.
A special advocate is to be appointed, falling under the excepted class of claim in CPR PD54C §3.1(1)(d). Specialist arrangements for proceedings involving special advocates are in place in London. The court considered logistical and security issues related to managing special advocate proceedings outside London.
The hearing scheduled in Manchester was vacated.
The transfer to London necessitates the hearing to be held there.
Defendant's time for making the s.6(2) application is extended to 7 days from the date of the transfer order.
Allow sufficient time for the order to be made and acted upon, including in London.
Costs are reserved.
The transfer was made only upon recent confirmation that a special advocate was to be instructed; no present basis for a costs order.
Similar Cases
Adam Bale, R (on the application of) v Commissioners for HMRC
[2023] EWHC 3216 (Admin)
Ladybill Limited, R (on the application of) v Sheffield Magistrates' Court
[2024] EWHC 1851 (Admin)
Robert Bartosik, R (on the application of) v Office of the Police & Crime Commissioner for Norfolk
[2024] EWHC 932 (Admin)
Uen Dodoveci, R (on the application of) v Secretary of State for the Home Department
[2024] EWHC 540 (Admin)