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IN THE HIGH COURT OF JUSTICE QUEENS BENCH DIVISION ADMINISTRATIVE COURT URGENT APPLICATION FOR PERMISSION FOR JUDICIAL REVIEW BETWEEN: Her Majesty the Queen (on the application of CHRISTIAN CONCERN) Claimant -v- Secretary of State for Health and Social Care Defendant ______________________________________________ Index of documents submitted with the Claim Form ______________________________________________ Document P. 1. Application for urgent consideration N463 3 2. Claim Form 6 3. Statement of facts and grounds 12 4. Draft directions order 36 5. Decision under challenge: The Abortion Act 1967 - Approval of a Class of 38 Places, 30 March 2020 Documents 6. Extracts from Hansard, 21 June 1990 40 7. Written evidence submitted by the Department of Health to the House of 57 Commons Science and Technology Select Committee, September 2007 8. Required standard operating procedures (RSOPs): the Procedures for the 62 Approval of Independent Sector Places for the Termination of Pregnancy (Abortion), November 2013 9. DHSC press statement, 25 August 2018 96 10. The 2018 Approval 98 11. Written question, February 2020 99 12. Purported ‘Approval’ dated 20 March, published 23 March 2020 100 13. Statement by Christian Concern, 23 March 2020 101 14. Screenshot of gov.uk, 24 March 2020 103 15. Extract from Hansard, 24 March 2020 104 16. Coronavirus Bill 2020: Marshalled list of amendments to be moved in 134 Committee of the whole House, 25 March 2020 1 17. Extract from Hansard, 25 March 2020 141 18. Sunday Times, 29 March 2020 200 19. Pre-action letter on behalf of the Claimant, 1 April 2020 201 Evidence 20. Witness statement of the Rt Hon Ann Widdecombe 210 21. Expert report of Dr Gregory Gardner 213 2 Reset form Print form Reset form Judicial Review In the High Court of Justice Print form Application for urgent consideration Administrative Court This form must be completed by the Claimant or the Claim No. Claimant’s advocate if exceptional urgency is being Claimant(s) R (Christian Concern) claimed and the application needs to be determined (including ref.) within a certain time scale. The claimant, or the claimant’s solicitors must serve this Defendant(s) Secretary of State for Health and form on the defendant(s) and any interested parties with Social Care the N461 Judicial review claim form. To the Defendant(s) and Interested Party(ies) Interested Representations as to the urgency of the claim may be Party(ies) made by defendants or interested parties to the relevant Administrative Court Office by fax or email:- For cases proceeding in London Fax: 020 7947 6802 email: [email protected] Birmingham Fax: 0121 250 6730 email: [email protected] Cardiff Fax: 02920 376461 email: [email protected] Leeds Fax: 0113 306 2581 email: [email protected] Manchester Fax: 0161 240 5315 email: [email protected] You must complete sections 1 to 5 and attach a draft order. SECTION 1 Reasons for urgency The Defendant’s decision, of which the public has had no advance notice, came into force with immediate effect. It is likely that, pursuant to that decision, unlawful abortions will be taking place within days rather than weeks, and may well be taking place already. That entails serious risks to the health and well-being of the patients (see the expert evidence at p.p. [ref] of the bundle), and that the protection given in law to the life of unborn children is not complied with. It is therefore necessary to consider this claim as a matter of urgency. N463 Judicial review Application for urgent consideration (03.18) 1 of 3 © Crown3 copyright 2018 SECTION 2 Proposed timetable 2.1 How quickly do you require the application (Form N463) to be considered? This will determine the timeframe within which your application is referred for consideration. a) ✔ Immediately (within 3 days) – indicate in hours (eg. 2 hours, 24 hours etc.) 72 Hours b) Urgently (over 3 days) – indicate in days (eg. 4 days, 6 days etc.) Days 2.2 Please specify the nature and timeframe of consideration sought. Interim relief is sought and the application for such relief should be considered a) Hours/Days within b) ✔ Abridgement of time for AOS is sought and should be considered with 3 Hours/Days c) ✔ The N461 application for permission should be considered within 10 Hours/Days d) If permission for judicial review is granted, a substantive hearing is sought by 7 May Date SECTION 3 Justification for request for immediate consideration Date and time when it was first appreciated that an immediate application might be necessary. Date Time 30 March 2020 Please provide reasons for any delay in making the application. Despite the urgency of this matter, the Claimant and its solicitors believed that compliance with the pre-action protocol might resolve or narrow down at least some of the issues, and ultimately save time. Pre-action letter was sent on 1 April 2020; the response was requested by 8 April. Regrettably, at the time of filing this application, no response has been received. What efforts have been made to put the defendant and any interested party on notice of the application? A very detailed pre-action letter was sent to the Government Legal Department on 1 April 2020. 2 of 3 4 Reset form Print form Reset form SECTION 4 Interim relief (state what interim relief is sought and why in the box below) Print form A draft order must be attached. Please see attached draft order for (a) directions and (b) specific disclosure SECTION 5 Service A copy of this form of application was served on the defendant(s) and interested parties as follows: Defendant Interested party by fax machine to time sent by fax machine to time sent Fax no. time Fax no. time by handing it to or leaving it with by handing it to or leaving it with name name by e-mail to by e-mail to e-mail address e-mail address [email protected] Date served Date served Date Date 16 April 2020 I confirm that all relevant facts have been disclosed in this application Name of claimant’s advocate Claimant (claimant’s advocate) name Signed Michael Phillips 3 of 3 5 Reset form Print form Reset form Judicial Review In the High Court of Justice Print form Claim Form Administrative Court Help with Fees - –– Notes for guidance are available which explain Ref no. (if applicable) HWF how to complete the judicial review claim form. Please read them carefully before you complete the form. For Court use only Administrative Court Seal Reference No. Date file Is your claim in respect of refusal of an application for fee remission? Yes ✔ No SECTION 1 Details of the claimant(s) and defendant(s) Claimant(s) name and address(es) 1st Defendant name name Christian Concern Secretary of State for Health and Social Care address Defendant’s or (where known) Defendant’s legal representatives’ address to which documents should be sent. name Government Legal Department Telephone no. Fax no. address 102 Petty France E-mail address Westminster SW1H 9GL Claimant’s or claimant’s legal representatives’ address to which documents should be sent. Telephone no. Fax no. name Andrew Storch Solicitors E-mail address [email protected] address Citygate 95 Southampton Street 2nd Defendant Reading, name RG1 2QU Telephone no. Fax no. 01189 584407 Defendant’s or (where known) Defendant’s legal representatives’ address to which documents should be sent. E-mail address [email protected] name Claimant’s Counsel’s details address name Michael Phillips address Citygate 95 Southampton Street Reading, RG1 2QU Telephone no. Fax no. E-mail address Telephone no. Fax no. 07973953971 E-mail address [email protected] N461 Judicial review claim form (04.18) 1 of 6 © Crown6 copyright 2018 SECTION 2 Details of other interested parties Include name and address and, if appropriate, details of DX, telephone or fax numbers and e-mail name name address address Telephone no. Fax no. Telephone no. Fax no. E-mail address E-mail address SECTION 3 Details of the decision to be judicially reviewed Decision: The Abortion Act 1967 - Approval of a Class of Places Date of decision: 30 March 2020 Name and address of the court, tribunal, person or body who made the decision to be reviewed. name address Mark Davies, Director, Population Health Department of Health and Social Care 39 Victoria Street London SW1H 0EU SECTION 4 Permission to proceed with a claim for judicial review I am seeking permission to proceed with my claim for Judicial Review. Is this application being made under the terms of Section 18 Practice Yes ✔ No Direction 54 (Challenging removal)? Are you making any other applications? If Yes, complete Section 8. ✔ Yes No Is the claimant in receipt of a Civil Legal Aid Certificate Yes ✔ No Are you claiming exceptional urgency, or do you need this application determined within a certain time scale? If Yes, complete Form N463 and ✔ Yes No file this with your application Have you complied with the pre-action protocol? If No, give reasons for ✔ Yes No non-compliance in the box below. Have you issued this claim in the region with which you have the closest ✔ Yes No connection? (Give any additional reasons for wanting it to be dealt with in this region in the box below). If No, give reasons in the box below. 2 of 6 7 Does the claim include any issues arising from the Human Rights Act 1998? If Yes, state the articles which you contend have been breached in the box below.

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