KING'S BENCH DIVISION
ADMINISTRATIVE COURT
SITTING IN MANCHESTER
B e f o r e :
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THE KING (on the application of VALENCIA WASTE MANAGEMENT LTD) |
Claimant |
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- and – |
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ENVIRONMENT AGENCY |
Defendant |
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Amanda Pinto KC and John Carl Townsend (instructed by the Environment Agency) for the Defendant
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Crown Copyright ©
MR JUSTICE FORDHAM:
Introduction
Transfer and Special Advocate Cases
Background
Unilateral Communication: CPR 39.8
Directions
AND UPON there being no present s.6(2) application and no decision as to appointment of a special advocate (as to which, see CPR 54PDC §3.1(1)(d)), but D's solicitors informing the Court of the position (at 27.3.24) that "the Secretary of State was notified of the Defendant's intention to make an application under section 6 Justice and Security Act 2013 and, in accordance with CPR 82.9, notified the Attorney General. The Defendant has been in liaison with the Special Advocate Support Office who confirmed that they (the SASO) would be in contact with the Claimant's legal representatives in relation to the appointment of a Special Advocate in the next few days.
Notification of my Decision
(1) I have made my decision. I intend to give reasons in a short judgment in due course. I write to inform you that I am going to be making a transfer order: (a) specifically so that the s.6 application can be made in London, the sensitive materials filed there, and the directions hearing and any closed hearing on the s.6 application can be heard there; (b) I will be vacating the hearing scheduled in Manchester in May (but the parties should hold that date in case London can accommodate it); (c) I will give reasons in due course but the essential point is that a special advocate is to be appointed, engaging the purpose of the Practice Direction provision; (d) whether open hearings, or the case as a whole, continues back in Manchester by transfer back there, and in front of which Judge, will be questions for Judge(s) who deals with the next stages to consider. (2) For next steps, the case will go to London. (3) I am giving you this information now (a) to reduce any further delay and uncertainty and (b) so that you can now liaise and please provide a draft order(s) giving effect to what I have communicated above (agreed to the extent possible).
A Special Advocate "is to be" appointed
Consequential Matters
Circulated: 22.4.24
Hand-down: 24.4.24