AD -v- Lewisham Council (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2025-LON-001715

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

12 June 2025

Before:

Andrew Kinnier KC

Between:

The King on the application of
AD

-v-

Lewisham Council

Order

On an application by the Claimant for an anonymity order, an order dispensing with the requirement for a Litigation Friend and an order abridging time for service of the Acknowledgement of Service

Following consideration of the documents lodged by the Claimant

ORDER BY ANDREW KINNIER K.C.
(Sitting as a Deputy Judge of the High Court)

  1. Anonymity:
    (a) Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction and/or 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 “AD”.
    (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 parties must within 7 days file a redacted copy of any statement of case 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;
    (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. Litigation friend:
    (a) Under CPR 21.2(3), the Claimant is allowed to bring this claim without a litigation friend.
  3. Abridgement of time and expedition:
    (a) The Defendant’s Acknowledgement of Service (CPR 54.8) must be filed and served by 4pm on 19 June 2025. The Acknowledgement of Service should also respond to the Claimant’s application for interim relief.
    (b) Any Reply from the Claimant (CPR 54.8A) must be filed and served by 4pm on 26 June 2025.
    (c) The papers are to be referred to a judge or deputy judge as soon as possible thereafter to determine the Claimant’s applications for:
    (i) Interim relief; and
    (ii) Permission to bring the claim for judicial review and, if granted, whether to transfer the claim to the Upper Tribunal.
  4. Permission to apply on giving 2 working days’ notice to the other side.

Reasons


(1) Anonymity: On his own case, the Claimant is a child (17 years and 4 months) and he is an asylum-seeker. Bearing in mind s. 97(2) of the Children Act 1989, s. 49 of the Children and Young Persons Act 1933 and Presidential Guidance Note No. 2 of 2022 (anonymity orders), there are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.
(2) Abridgement of time/expedition: Bearing in mind the submissions regarding the Claimant’s age and the nature of his present accommodation, the question of permission and transfer should be decided as soon as possible and with the benefit of the Defendant’s Acknowledgement of Service.
(3) Litigation friend: I have considered CPR 21.2(3), the Claimant’s age on his own case and the contents of para. 12 of the Detailed Grounds in which it is said that the Claimant’s legal representatives are satisfied that he understands advice, he is able to consider it and to give appropriate instructions. In those circumstances, I am satisfied that it is appropriate not to appoint a litigation friend.