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

Administrative CourtHigh CourtKing's Bench Division

Claim number: AC-2025-LON-000368

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

13 February 2025

Before:

Mr C M G Ockelton sitting as a judge of the High Court

Between:

The King on the application of
AK

-v-

Secretary of State for the Home Department


Order

On an application by the Claimant for anonymity and interim relief

Following consideration of the documents lodged by the Claimant

ORDER BY Mr C M G Ockelton sitting as a judge of the High Court

  1. Anonymity:
    (a) Pursuant to CPR 39.2(4) 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 AK.
    (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. Interim Relief: The defendant is to respond to the application for interim relief within 3 working days of the date of this order, following which the application for interim relief is to be put before a judge for determination no later than 24 February 2025.
  3. Costs reserved

Reasons

(1) Anonymity: The claim relies on personal medical information in which the Claimant has a reasonable expectation of privacy. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.
(2) Interim Relief: It is right to enable the defendant to be heard before relief in the terms sought is considered. The Court is likely to be unwilling to make an order which cannot be complied with (for example is no suitable property can be made available) or which is uncertain in its terms (for example because of the vagaries of public transport).