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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case Reference: CO/531/2023

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

9 February 2023

Before:
The Honourable Mrs Justice Yip

In the matter of an application for judicial review

Between:
The King
on the application of AH
-v-
Secretary of State for the Home Department

Anonymity Order

On an application by Claimant for interim relief

Following consideration of the N463, Statement of Facts and Grounds and Interim Relief application filed by the Claimant

ORDER by the Honourable Mrs Justice Yip

  1. Until further order, the Claimant is granted anonymity and is to be referred to as “AH”.
  2. The Defendant is to file an Acknowledgment of Service responding to the application for interim relief by 4pm on Wednesday 22 February 2023.
  3. If the claim is defended, the Claimant shall notify the Court and a hearing will be listed on the first available date with a time estimate of 2 hours and with notice to the parties of not less than 48 hours.
  4. Costs reserved.
  5. Liberty to both parties to apply to set aside or vary this Order. Liberty to any interested party to apply to set aside or vary the anonymity order contained in paragraph 1.

Reasons

  1. I am not wholly persuaded that it was appropriate to require consideration of this application within 4 hours. However, I accept there is some urgency in light of the recent suicide attempt and the report that the Claimant is eating very little due to arrangements in her current accommodation.
  1. The Defendant does not appear to have acted with due expedition so far. Given the history, a prompt response to the pre-action protocol letter could reasonably have been expected. I am satisfied the claim for interim relief requires urgent consideration and have therefore abridged time for the Acknowledgment of Service.
  2. If the claim is to be defended a judge should consider the claim for interim relief at a hearing to be listed as soon after the filing of the Acknowledgment of Service as the court can accommodate it. The Court Office should note that this is an urgent matter but how soon it can be listed will depend upon the need to list other urgent matters.
  3. I have made an anonymity order due to the subject matter of the claim which includes that the Claimant is a victim of trafficking and has been subject to sexual abuse. Having heard no representations on the making of the anonymity order, I grant liberty to apply in relation to that paragraph to any interested party.

Signed Mrs Justice Yip