KING'S BENCH DIVISION
ADMINISTRATIVE COURT
Strand, London, WC2A 2LL |
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B e f o r e :
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THE KING on the application of (1) EPX (2) PGH |
Claimants |
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- and - |
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SECRETARY OF STATE FOR DEFENCE |
Defendant |
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Charlotte Ventham KC and Robert Cohen (instructed by The Treasury Solicitor) for the Defendant
Hearing dates: 21 May 2025
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Crown Copyright ©
Mr Justice Saini :
I. Overview
II. What happened to EPX and PGH and what they want to do
III. The Application
"I am not persuaded that the directions sought in the Application should be made without the Court having heard from both parties at a hearing. These directions are not mere mild procedural variations but will have the effect, if granted, of achieving a wholesale change in the nature of the challenge the Claimants wish to bring. In particular, there are important public interest issues raised by the challenge, the target of the challenge, and the procedural history of alleged delay by the MOD. I would expect disclosure/further information to be provided to the Claimants to enable them to provide the Court with a draft re-amended pleading (ASFG) in time for the hearing. In the meantime, the Defendant's existing procedural obligations to respond to the claim remain in force. For the avoidance of doubt, they are not stayed. I will be assisted with knowing the shape of the defence when considering the Application (and the claim it may be in part academic) and making further directions for resolution of the claim. I have reserved this matter to myself because I have spent some time on reading the core papers. If however my availability with other cases at the start of next term makes it difficult to fix an early hearing before me, the matter can be released to another judge. The overall delays justify the Application being heard urgently..."
IV. The original and the new policies
i. 2020DIN03-005 "Contact with the Media and Communicating in Public" ("the 2020 Media DIN").
ii. 2019DIN05-14 "Contact with Parliamentarians" ("the 2019 Parliamentarian DIN").
iii. 2023DIN05-028 "Contact with Parliamentarians" ("the 2023 Parliamentarian DIN").
i. DIN "Contact with the media and communicating in public" ("the 2025 Media DIN").
ii. 2024DIN05-040 "Contact with Parliamentarians" ("the 2024 Parliamentarian DIN").
iii. JSP492 "Raising a Concern" chapter ("the Raising a Concern policy").
V. Are the claims academic?
"(1) A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section 6(1) may— (a) bring proceedings against the authority under this Act in the appropriate court or tribunal..."."
V. Orders