AS2 -v- Secretary of State for Defence (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/2268/2023

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

20 June 2023

Before:

The Honourable Mr Justice Fordham

Between:

AS2

-v-

Secretary of State for Defence

Order

UPON considering the Claimant’s N463 Application for Urgent Consideration and the documents filed in support
ORDER by the Honourable Mr Justice Fordham

  1. The application for permission to apply for judicial review is adjourned to be listed in court as an expedited “rolled-up hearing”, on notice to the Defendant, to take place on Wednesday 28 June 2023, with a time estimate of half a day.
  2. The Claimant’s representatives must, by 12 noon Thursday 22 June 2023 file and serve an undertaking to pay the continuation fee if permission to apply for Judicial Review is granted.
  3. The time for the filing and service of the Defendant’s Acknowledgment of Service and Summary Grounds of Defence, together with any evidence in support, is abridged to 4pm on Friday 23 June 2023.
  4. Pursuant to Rule 39.2(4) of the Civil Procedure Rules, the identity of the Claimant shall not be disclosed to any person who is not a party to these proceedings without the permission of the Court. The Claimant shall be referred to as AS2 in these proceedings. Nothing shall be published which may reveal the name or address of the Claimant or any other details liable to lead to their identification.
  5. Any person has liberty to apply on notice to the parties to vary or discharge paragraph 4.
  6. Costs reserved.
  7. The parties have liberty to apply in writing on notice to vary or discharge this Order.

Reasons

  1. There is a very narrow and focused issue. Does the law require a substantive decision within a particular time frame. The claim asks for a mandatory order for a decision within 7 days. The Court is not being asked to consider the substance of the decision. Only its timing.
  2. There is a serious concern. It is said that “an unusually high and imminent threat to life” had already been recognised (23.3.23), and that the events notified on 12.6.23 involve genuine and pressing new concern.
  3. The Claimant’s representatives need to consider whether there is any external documentary evidence of the recent transferred payment (from the friend/colleague) which can (safely) be adduced, to assist the Defendant and the Court.
  4. I am satisfied that the terms of this Order are justified as necessary, fair and proportionate in the special circumstances, and that the necessity test for anonymity is satisfied.