AGB -v- Secretary of State for the Home Department and others (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2023-LON-001871

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

1 September 2023

Before:

Hugh Mercer KC sitting as a deputy judge of the High Court

Between:

The King on the application of
AGB

-v-

Secretary of State for the Home Department

Director of Public Prosecutions

and

The Chief Constable of Kent Police, The Lord Chancellor, Secretary of State for Justice, The Governor of HMP Elmley, The Governor of HMP Lewes
(interested parties)

Order

On an application by the Claimant for an Order for anonymity and by all parties for approval of a consent order incorporating a stay of proceedings herein.
Following consideration of the documents lodged by the parties
ORDER by Hugh Mercer KC sitting as a deputy judge of the High Court

  1. A draft Order signed by all parties to stay this matter until 11 September 2023 and providing for further directions is hereby approved.
  2. Pursuant to CPR Rule 39.2(4), neither the Claimant nor the former Litigation Friend are to be identified, and shall be referred to in these proceedings as AGB and NB;
  3. No person shall publish any information tending to identify the Claimant, the Litigation Friend, or their family members;
  4. So far as the Claim Form, or any Judgment, Order or other document to which anyone might have access pursuant to Rule 5.4 at any time does not comply with paragraphs (2) and (3) above, the Claimant’s solicitors have leave to file with the Court, copies of such document adjusted so as to comply with the terms of this Order; such copies are to be treated for all purposes as being in substitution for the relevant originals; and the originals are then to be retained by the Court in a sealed envelope marked “not to be opened without the leave of a Judge”
  5. The court file be marked as “Anonymised”. No document is to be inspected or disclosed to a non-party without first being anonymised.
  6. Pursuant to CPR 39.2(5) the Court shall publish a copy of this Order on the website of
    the Judiciary of England and Wales and any non-party may apply on notice to the parties to set aside or vary paragraphs 1-4 of the Order.
  7. There be liberty to apply pursuant to CPR Rule 23.10.
  8. Costs in the case.

Between:

The King on the application of
AGB (a child by his litigation friend NB)

-v-

Secretary of State for the Home Department

Crown Prosecution Service

Consent Order

UPON consideration of the Claimant’s N461 and annexed correspondence;
AND UPON the Claimant having sent a Pre-Action Protocol Letter to the Defendants and Interested Parties on 12 June 2023;
AND UPON the Second Defendant having provided a substantive response to the Claimant’s Pre-Action Protocol letter on 23 June 2023;
AND UPON the First Defendant confirming that she is aiming to provide a substantive response to the Claimant’s Pre-Action Protocol letter by 17 July 2023
BY CONSENT IT IS ORDERED THAT:

  1. The claim is stayed until 11 September 2023;
  2. The Second Defendant be substituted with ‘the Director of Public Prosecutions’ pursuant to CPR 19.4;
  3. The Claimant, should he choose to persist with the claim will apply to lift the stay and, if so advised, amend his pleaded claim in light of the Response, by 4pm on 11 September 2023;
  4. The Defendants shall file their Acknowledgments of Service 21 days after the stay has been lifted, or, if the Claimant applies to amend his pleaded claim and the application is granted, 21 days after service of the amended claim;
  5. There shall be no order as to costs if the claim is withdrawn by 11 September 2023;
  6. Liberty to apply.