ACG -v- Secretary of State for Defence (anonymity order)

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2024-LON-003756

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

In the matter of an application for judicial review

18 November 2024

Before:

Mr Justice Fordham

Between:

The King
on the application of
ACG
(Claimant)

-v-

Secretary of State for Defence
(Defendant)

and

Secretary of State for the Home Department
(Interested Party)

Order

On an application by the Claimant for urgent consideration and directions

Following consideration of the documents lodged by the Claimant

ORDER by the Hon Mr Justice Fordham:

  1. Anonymity:

(a) Under the Court’s inherent jurisdiction and pursuant to s.6 of the Human Rights Act 1998:

(i) the Claimant’s name is to be withheld from the public and must not be disclosed in any proceedings in public; and

(ii) the Claimant is to be referred to orally and in writing as “ACG”.

(b) Pursuant to s.11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or of any matter likely to lead to the identification of the Claimant in any report of, or otherwise in connection with, these proceedings.

(c) Pursuant to CPR 5.4C(4):

(i) The Claimant’s representatives must within 7 days file and serve a redacted copy of any statement of case already filed, omitting the name, address and any other information likely to lead to the identification of the Claimant.

(ii) If any statement of case subsequently filed includes information likely to lead to the identification of the Claimant, a redacted copy omitting that information must be filed at the same time and must then be served with the unredacted version.

(iii) Unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case.

(d) Any person wishing to vary or discharge this Order must make an application, served on each party.

2. Abridgement of time and expedition:

(a) The Defendant’s Acknowledgement of Service (CPR 54.8) must be filed and served by 4pm on 2 December 2024, and shall include (i) a statement whether the Defendant intends to apply for a Closed Material Procedure under s.6 of the Justice and Security Act 2013 and (ii) submissions on expedition/directions, if permission for judicial review were to be granted, including provisional preferred dates for a substantive hearing in February or March 2025.

(b) The Interested Party’s Acknowledgement of Service (CPR 54.8) must be filed and served by 4pm on 2 December 2024, and shall include any submissions on expedition/directions, if permission for judicial review were to be granted, including provisional preferred dates for a substantive hearing in February or March 2025.

(c) The Claimant’s representatives shall by 4pm on 4 December 2024 file and serve (i) any Reply (CPR 54.8A) and (ii) any further submissions on expedition/directions if permission for judicial review were to be granted, including provisional preferred dates for a substantive hearing in February or March 2025.

(d) The papers are to be referred to a judge or deputy judge as soon as possible on or after 5 December 2024.

REASONS

(1) The Defendant and Interested Party were forewarned in the letter before claim (10.10.24) that expedition would be sought, but no specific abridgement timetable for an AOS has evidently previously been put forward, including during the 19 days when the claim was being prepared before being filed (14.11.24). The suggested 7 day AOS deadline (21.11.24) is, in the circumstances, too tight. It also risks the permission-stage Judge not having the assistance needed. My timetable is designed to strike an appropriate balance. What happens next in this case is for the paper permission judge, on or after 5 December 2024. But I have set things up so that specific consideration can be given to a February/March 2025 hearing and, if that course is taken, everyone will have been fully warned.

(2) The basis of the Claimant’s claim and approach is underpinned by the following: that the Claimant has been waiting 29 months for the Defendant to make a lawful decision in respect of their application under the Afghan Relocation and Assistance Policy (considered in LND1 [2024] EWCA Civ 278); that the family has been in hiding living under threat to life and limb; that there is also an inability to access necessary medical treatment; that there is a legal duty of reasonable promptness which has been breached; and that a mandatory order requiring a decision within 14 days is warranted. The Defendant’s letter of response (22.10.24) disputes that there has been any unlawful delay.

(3) I am satisfied that anonymity is necessary, on the evidence, to protect the Claimant and their family; and that these matters clearly outweigh any public interest in knowing the Claimant’s identity. There are in my judgment compelling reasons for these limited derogations from the principle of open justice. If any member of the press or public wishes anonymity to be revisited, there is a mechanism in this Order allowing for an application to be made.

Signed: Mr Justice Fordham

Dated: 18.11.24