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

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2024-LON-004191

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

In the matter of an application for judicial review

23 December 2024

Before:

the Hon. Mrs Justice Stacey

Between:

The King
on the application of
ALD

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for urgent consideration, interim relief and directions

Following consideration of the documents lodged by the Claimant

ORDER by the Hon. Mrs Justice Stacey:

  1. Anonymity:

(a) Under the Court’s inherent jurisdiction and pursuant to 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 “ALD”.

(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 and serve a redacted copy of any statement of case already 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 and must then be served with the unredacted version;

(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.

  1. Timetable for submissions and paper decision on interim relief:

(a) The Defendant may file and serve any response to the application for interim relief/directions by 4pm 31 December 2024.

(b) The Claimant may file and serve a reply to that response by 4pm 3 January 2025

(c) The papers are to be referred to a judge or deputy judge for a decision whether to grant interim relief and any appropriate further directions as soon as possible thereafter.

REASONS

Anonymity: The claimant has an outstanding asylum application and the papers include confidential and personal medical information, which are sufficient, for the time being for interim limited derogations from the principle of open justice in paragraph 1 until this matter can be considered in greater detail and not on an emergency basis.

The matter appears to be urgent since the claimant was granted conditional bail on 20 August 2024 and following his offender manager’s rejection of two proposed addresses he applied for s.95 accommodation on 29 October 2024, but his application does not yet appear to have been dealt with. A timetable for submissions and paper decision on interim relief has therefore been ordered so that the application can be considered by a Judge on the papers as soon as the parties have had an opportunity to prepare and submit the necessary documents.

Signed: Mrs Justice Stacey Dated: 23/12/24