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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/2465/2023

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

7 July 2023

Before:

Tim Smith (sitting as a Deputy High Court Judge)

Between:

The King on the application of
ABC

-v-

Secretary of State for the Home Department

Order

On an application for permission to proceed with judicial and for interim relief
Following consideration of the documents lodged by the Claimant
ORDER by Tim Smith (sitting as a Deputy High Court Judge)

  1. The Claimant is granted anonymity in these proceedings pursuant to CPR 39.2(4). By reason of this:
    a) The Claimant shall be described in these proceedings as “ABC”,
    b) The identity of the Claimant and any children shall not be disclosed,
    c) Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant, and
    d) If upon application any Court document is disclosed then prior to disclosure any references to the Claimant or her children shall be anonymised
  2. The Defendant must indicate in writing to the Court and to the Claimant within 72 hours after service of the sealed order whether she intends to resist (a) the claim and/or (b) the application for interim relief
  3. If the Defendant intends to resist the claim and/or the application for interim relief then she shall file with the Court and serve on the Claimant within 7 days after service of the sealed order an Acknowledgement of Service and Grounds of Resistance to the claim and/or interim relief application (as appropriate)
  4. Upon receipt by the Court of any documents from the Defendant referred to in paragraph 3 (or, if earlier, upon confirmation from the Defendant pursuant to paragraph 2 that it does not intend to defend either the claim or the application for interim relief) the papers shall be placed before a Judge for urgent consideration
  5. Costs reserved

Reasons

  1. There are conclusive grounds for accepting that the Claimant is a victim of human trafficking. She is a vulnerable adult who has dependent children, one of whom is just a few weeks old. In the circumstances it is appropriate that she and her children be granted anonymity in these proceedings. The Claimant submitted with the claim a draft order for anonymity. The proposed terms of that draft went beyond what is necessary for anonymity to be preserved, hence I have limited the terms to those set out in paragraph 1 of this Order.
  2. There has been pre-action protocol correspondence but the Defendant’s response to it was very brief. Whilst the Claimant is correct to say (IR Appln §3) that the Defendant has not disputed that she is in breach of her duty to the Claimant, neither has she conceded it. She has also not yet responded with her view on some very specific requirements for interim relief advanced by the Claimant. The Court will be assisted by knowing whether, and if so how, the Defendant resists the claim and/or the application for interim relief. Plainly there is a need for urgent consideration in this case and so an abridgement of the usual period for filing an Acknowledgement of Service is appropriate.