AB and BZ -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Case number: CO/347/2023
In the High Court of Justice
King’s Bench Division
27 February 2023
Mrs Justice Lang
The King on the application of
(2) BZ (by his mother and litigation friend)
Secretary of State for the Home Department
On the Claimant’s application for a stay and directions
Following consideration of the documents lodged by the parties
Order by the Honourable Mrs Justice Lang DBE
- Pursuant to CPR r.39.2, in any report of these proceedings, there shall be no publication of the name and address of the Claimants and the litigation friend, nor any other particulars likely to lead to their identification. In the proceedings, the Claimants shall be anonymised and referred to as “AB” (First Claimant) and “BZ” (Second Claimant).
- The Claimants’ solicitors shall file with the Court copies of case documents which have been anonymised and/or redacted to protect the identity of the Claimants and the litigation friend, in accordance with paragraph 1 above.
- Non-parties may not obtain any documents from the court file which have not been anonymised and/or redacted to protect the identity of the Claimants, in accordance with paragraph 1 above.
- The claim is stayed until 10 March 2023.
- The Defendant do send a substantive response to the Claimants’ pre-action protocol letter by 7 March 2023.
- The Claimants shall file and serve an Amended Claim Form, Statement of Facts and Grounds, and any supporting evidence within 21 days of receipt of the Defendant’s substantive response to the Claimants’ pre-action protocol letter.
- The Defendant shall file and serve an Acknowledgment of Service
Form JR-MPA. Judicial Review. Miscellaneous Paper Application. Version September 2020
and Summary Grounds of Resistance within 21 days of service of the amended pleadings referred to under paragraph 6 above.
- Liberty to apply on 3 days notice to the other parties.
- Costs in the case.
The claim has been issued on a protective basis in the hope that it may be possible to resolve it without recourse to further litigation. A pre-action letter was sent on 17 January 2023, but a response has not yet been received. The British Red Cross has written to the Defendant on numerous occasions.
I have granted an anonymity order. The First Claimant is an asylum seeker who claims to be at risk. The Second Claimant is a minor. In the circumstances, a departure from the general principle of open justice is justified.