April 16, 2024

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

Administrative Court High Court King's Bench Division Anonymity Order

Claim number: AC-2024-LON000816

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

16 April 2024

Before:

Andrew Kinnier KC sitting as a Deputy High Court Judge

Between:

The King on the application of
AH

-v-

Secretary of State for the Home Department

Order

Notification of the Judge’s decision on the application for permission to apply for judicial review (CPR 54.11, 54.12)

Following consideration of the documents lodged by the Claimant and the Acknowledgement of service filed by the Defendant

ORDER by Andrew Kinnier KC sitting as a Deputy High Court Judge

The Claimant’s Reply:

1. The Claimant has permission to rely upon his Reply.

Anonymity:

2. Anonymity is granted, under CPR 39.2(4), in the following terms:

2.1 There shall be no publication in any newspaper or other media or other disclosure of any name, address, image or other information tending to identify the Claimant in relation to his involvement in these proceedings.

2.2 In any publication or broadcast relating to these proceedings, the Claimant shall be known by the letters “AH”.

2.3 Pursuant to CPR 5.4C a person who is not a party to the proceedings may obtain a copy of the statement of case, judgment or order from the court records only if a statement of case, judgment or order has been anonymised so that:
(a) The Claimant is referred to in those documents as “AH”;
(b) The Claimant’s address has been deleted from those documents; and
(c) For the purposes of this claim (including any statement of case, judgment, order or other document), the Claimant shall be known as “AH”.

2.4 Insofar as any statement of case, judgment, order or other documents to which anyone might have access under CPR 5.4A-D does not comply with para. 2.3 above, the Claimant’s solicitors have permission to file with the court any such document adjusted so that it does comply. Such copies are to be treated for all purposes as being in substitution for the relevant original; and the originals are then to be 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’.

2.5 Any interested party, whether or not a party to the proceedings, may apply to the court to vary or discharge this order providing that any such application is made on notice to the Claimant’s Solicitor and that 7 working days’ prior notice of the intention to make such an application is given. The court will affect service of the application.

Permission and consequential directions:

3. The application for permission to apply for judicial review is granted.

4. The application is to be listed for 2 days; the parties to provide a written time estimate within 7 days of service of this order if they disagree with this direction.

5. The lawfulness of the Claimant’s detention (including his alleged treatment while in detention) are to be decided in the High Court. Thereafter, if the Judge who decides that question so directs, the assessment of damages may be tried in the County Court.

6. The case is not suitable for hearing by a Deputy High Court Judge.

7. Venue: London.

8. Costs in the case.

Observations

1. The Claimant has advanced arguable grounds which justify consideration at a full hearing.

2. To avoid the duplication of proceedings in the High Court and the County Court, to achieve the overriding objective and mindful of the approach taken in the cases of R (AK) v. SSHD (CO/4709/2022) and R(AJ) v. SSHD (CO/4703/2022), the lawfulness of the Claimant’s detention (including his treatment while detailed) are to be decided in the High Court. If the Judge so decides, the claim may be transferred to the County Court for damages to be assessed.

Case Management Directions

1. The Defendant and any other person served with the Claim Form who wishes to contest the claim or support it on additional grounds shall, within 35 days of the date of service of this Order, file and serve (a) Detailed Grounds for contesting the claim or supporting it on additional grounds, and (b) any written evidence that is to be relied on. For the avoidance of doubt, a party who has filed and served Summary Grounds pursuant to CPR 54.8 may comply with (a) above by filing and serving a document which states that those Summary Grounds shall stand as the Detailed Grounds required by CPR 54.14.

2. Any application by the Claimant to serve evidence in reply shall be filed and served within 21 days of the date on which the Defendant serves evidence pursuant to 1(b) above.

3. The parties shall agree the contents of the hearing bundle and must file it with the Court not less than 4 weeks before the date of the hearing of the judicial review. An electronic version of the bundle shall be prepared and lodged in accordance with the Guidance on the Administrative Court website. The parties shall, if requested by the
Court lodge 2 hard-copy versions of the hearing bundle.

4. The Claimant must file and serve a Skeleton Argument not less than 21 days before the date of the hearing of the judicial review.

5. The Defendant and any Interested Party must file and serve a Skeleton Argument not less than 14 days before the date of the hearing of the judicial review.

6. The parties shall agree the contents of a bundle containing the authorities to be referred to at the hearing. An electronic version of the bundle shall be prepared in accordance with the Guidance on the Administrative Court website. The parties shall if requested by the Court, prepare a hard-copy version of the authorities bundle. The
electronic version of the bundle and if requested, the hard copy version of the bundle, shall be lodged with the Court not less than 3 days before the date of the hearing of the judicial review.