Thread by @fairplaywomen

#womenprisonJR
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We've just been told two ministerial submissions have not been received by the court and claimant's legal team

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There is now a discussion about privileged and non privileged parts of the ministerial submissions. There is a problem with the evidence bundle supplied.

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They minister's legal team is asking for the JR to be adjourned

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The privileged part of the minister's submission has not been disclosed. A decision needs to be made whether these parts really are legally privileged. Basically the MOJ side has messed up.

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Claimants barrister saying that full evidence must be disclosed to the court. It is important to know what advice was given to the minister when he made the decision to approve the policy

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Judge questioning whether knowing what legal advice was given to minister is relevant to the case.

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Claimants barrister asking for time to consider impact of the case. She has only had 40 mins to see the new information.

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We are now waiting for a decision on whether the late submission about the legal advice given to the minister before he approved the policy is relevant to the case and whether all or part of the case can be heard today

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Still waiting. Before he left the judge said it may not be necessary to see any 'wrong' legal advice given to the minister b/c after all its the court that makes the law. If the policy is unlawful it doesn't matter if reason is b/c minister was given wrong advice

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Court rises again.
Judge: Press has asked to see copies of the court bundles. Reporting restrictions are in place in relation to claimant and the transgender individuals. So there will need to be an opportunity to consider the application.

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KM (claimant barrister): Still 'none the wiser'. Much of the new submission has been seen before but some redacted. Defence counsel has said she can't tell KM whats in the redaction but that it is relevant.

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Judge: No opinion but to adjorn the case. But can't happen again. It must be ready when it comes back. All matters must be fully resolved

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Judge: Must be a careful step procedure to sort this out. Judge needs to see directions on how this will happen. Plus access to documents by press must be resolved.

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Times and Spectator have made an informal application to see the court bundles. They must now make a formal application.

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Judge: needs to be a date set for disclosure of unredacted documents or reasons why that can't be.

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Defence must take instructions on what can be disclosed and how. Judge wants a timetable set before they end today

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Court adjorned for 15 mins. Coming back to tell us about timetable for future hearing

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Court has returned.
Orders to be made:
1) JR adjourned to a date to be fixed
2) Defendent must disclose by 6th Dec 2020
3) Applications must be made by 28th November 2020
4) Defendant to pay claimants costs due to todays hearing

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So JR is unlikely to be back before court until the new year.

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