AAF -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case numbers: CO/3924/2020
AC-2020-LON-003084

In the High Court of Justice
King’s Bench Division
Administrative Court

In the matter of an application for judicial review

28 November 2024

Before:

The Honourable Mr Justice Eyre

The King
on the application of
AAF

-v-

Secretary of State for the Home Department

Order

Following consideration of the documents lodged by the Claimant and the Defendant

UPON THE PARTIES agreeing to compromise this claim on the basis of the Defendant (a) paying damages in compensation to the Claimant in the sum of £58,000 without admission of liability and (b) to pay the Claimants reasonable costs of this claim with the said sums being paid in full and final settlement of the claim.

UPON the Claimants legal representatives and the Official Solicitor confirming that legal opinion has been provided to the Claimant that the compromise is reasonable and acceptable

AND UPON it appearing that non-disclosure of the identity of the Claimant is necessary in order to secure the proper administration of justice and to protect a vulnerable person, pursuant to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4C of the Civil Procedure Rules

ORDER by the Honourable Mr Justice Eyre

1. The Claimant’s application for anonymity is granted, and pursuant to CPR Rule 5.4A-5.4D and Rule 39.2, with effect from the date of this order and until further order:

(a) The Claimant shall hereinafter be referred to in these proceedings as “AAF” and there shall be substituted for all purposes of this case, in place of references to the name of the Claimant, reference to “AAF”;
(b) There shall be no publication of any name, address, picture or other information likely to lead to the identification of the Claimant as being the Claimant in these proceedings;
(c) In paragraph (b) “publication” means communication to the public or any section of the public whether by way of report of the proceedings or otherwise. It includes publication in a newspaper or broadcast, or on the internet, by any person;
(d) The Defendant, and any party served with or given notice of the anonymity order, has permission to apply to discharge or vary that order. Any application for that purpose must be made in writing, on notice to all parties;
(e) Pursuant to CPR rule 5.4C a person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the court records only if the statement of case, judgment or order has been anonymised such that: (i) the Claimant is referred to in those documents only as “AAF”; and (ii) any reference to the name of the Claimant be deleted from those documents
(f) Any application for permission to inspect or obtain a non- anonymised version of a document must be made on notice to the Claimant and in accordance with CPR r.5.4C(6).

2. The Claim is withdrawn.
3. The Defendant shall pay the Claimant £58,000 as damages.
4. The Defendant shall pay the Claimant’s costs to be assessed on the standard basis if not agreed.

Reasons

  1. Anonymisation of the Claimant is appropriate in light of his status as an asylum seeker and in light of his personal vulnerability.
  2. The settlement reached between the parties appears to be appropriate and apt for approval by the court.