ADD and ADW -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Case number: AC-2024-LON-003847
In the High Court of Justice
King’s Bench Division
Administrative Court
In the matter of an application for judicial review
22 November 2024
Before:
The Honourable Mr Justice Lavender
Between:
(1) ADD
(2) ADW
(a child, by her litigation friend, ADD)
-v-
Secretary of State for the Home Department
Order
On an application by the Claimants for interim relief and for anonymity
Following consideration of the documents lodged by the Claimants
ORDER by the Honourable Mr Justice Lavender
Interim Relief
1. The claimant’s application for interim relief will be listed expeditiously on the first available date after Friday 1 December 2024.
2. The defendant must file a skeleton argument and any evidence on which it wishes to rely in response to the application for interim relief by 4 pm on Thursday 7 December 2024.
Anonymity
3. Pursuant to CPR Rule 39.2(4) no-one may publish in any newspaper, broadcast, social media or other media any name, address, image or other information tending to identify either claimant as party to these proceedings.
4. In any publication, broadcast, social media or other media relating to these proceedings, the claimants shall be known by the letters ADD and ADW.
5. Pursuant to CPR Rule 5.4C a person who is not a party to these proceedings may only obtain a copy of a statement of case, judgment, order or other document from the court records if the document has been anonymised such that: (a) The claimants are referred to as ADD and ADW. (b) The address of the claimants has been deleted.
6. Insofar as any statement of case, judgment, order or other document to which anyone might have access pursuant to CPR Rule 5.4A-D has not been anonymised in accordance with paragraph 6 above, the claimants have permission to file with the court an anonymised copy of that document, which is to be treated for all purposes as being in substitution for the relevant original, with the original being retained by the court in a sealed envelope marked “not to be opened without the permission of a Judge or Master of the King’s Bench Division”.
7. Any interested party, whether or not a party to the proceedings, may apply to the court for an order setting aside, varying or discharging paragraphs 3 to 6 of this Order, provided that any such application is made on 7 working days’ notice to the claimants.
Reasons
1. The interim relief sought is, in effect, the substantive relief sought. Unless absolutely necessary, it would not be appropriate to grant the interim relief sought without giving the defendant an opportunity to be heard. Since the current situation has been in place for about 8 weeks, the case is no so urgent as to prevent the defendant being heard.
2. It may be that the question of accommodation is resolved before the hearing which I have directed. In that case, the parties should notify the court a soon as possible so that the hearing can be vacated.
3. Anonymity is necessary because of the personal information concerning the second claimant’s medical information which is central to this claim.
Signed: Nicholas Lavender
Dated: 22 November 2024