ASS and others -v- The Home Office (anonymity order)
Claim Number: KB-2023-003633
-003642, -003666, -003667,
-003668, -003670, -003671,
-003672, -003674, -003675,
-003676, -003677, -003678,
-003683, -003685, and -003685
In the High Court of Justice
King’s Bench Division
1 December 2023
Before:
Mr Justice Nicklin
Between:
(1) ASS (KB-2023-003633)
(2) AAG (KB-2023-003642)
(3) KMA (KB-2023-003666)
(4) MZA (KB-2023-003667)
(5) A3A (KB-2023-003668)
(6) SZA (KB-2023-003670)
(7) AMA (KB-2023-003671)
(8) AMO (KB-2023-003672)
(9) AHH (KB-2023-003674)
(10) MWM (KB-2023-003675)
(11) IHZ (KB-2023-003676)
(12) IAS (KB-2023-003677)
(13) MXH (KB-2023-003678)
(14) AYM (KB-2023-003683)
(15) AZH (KB-2023-003685)
(16) KSA (KB-2023-003686)
-v-
The Home Office
Order
UPON APPLICATION in each Claim by Application Notices dated 21 September 2023 and 10 October 2023 seeking orders pursuant to CPR 39.2(4) that the identity of the relevant Claimant should not be disclosed directly or indirectly (“the Anonymity Applications”)
AND FURTHER to the Order of 10 October 2023 (and adopting the definitions therein
AND UPON the Hearing of the Anonymity Applications having been fixed for 12 December 2023
AND UPON READING the Witness Statement of Olivia Halse dated 31 October 2023 in support of the Anonymity Applications
AND UPON the Court being strictly satisfied that the derogations from open justice made in this Order are strictly necessary pending determination of the Anonymity Applications (for the reasons explained below)
WITHOUT A HEARING IT IS ORDERED that ANONYMITY
- Pending determination of the Anonymity Applications, pursuant to CPR 39.2:
(a) each Claimant’s name is to be withheld from the public and must not to
be disclosed in any proceedings in open court;
(b) there be substituted for all purposes in these proceedings in place of
references to each Claimant by name, and whether orally or in writing,
references to the ciphers allocated in the title to this Order (“the
Ciphers”);
(c) each Claimant’s name on CE-File will be anonymised in accordance with
this paragraph; and
(d) an amended copy of the Order of 10 October 2023 will be filed replacing
the names of the Claimants with the Ciphers.
REPORTING RESTRICTION - Pending determination of the Anonymity Applications, pursuant to
s.11 Contempt of Court Act 1981, there shall be no publication of the identity of
the Claimants or any of them (or of any matter likely to lead to the identification
of the Claimants or any of them) in any report of, or otherwise in connection
with, these proceedings, provided that nothing in this Order shall prevent the
publication, disclosure or communication of any information which is contained
in this Order or any public judgment of the Court.
RESTRICTIONS ON ACCESS TO DOCUMENTS ON THE COURT FILE - Pending determination of the Anonymity Applications, upon the Judge being
satisfied that it is strictly necessary:
(a) Without further order of the Court, a non-party may not obtain access to
or copies of:
(1) the Original Claim Form in any of the claims;
(2) an unanonymised copy of the Order of 10 October 2023; and
(3) any confidential schedules to any (i) statements of case; (ii) witness
statements; (iii) applications; (iv) Orders; and/or skeleton arguments
from the Court file
(together “the Restricted Documents”).
(b) Any non-party wishing to obtain access to or copies of the Restricted
Documents, must make an application to the Court, such application to
be made by Application Notice served on the parties at least 24 hours
before the Application is made. - Any person affected by the Orders made in Paragraph 1-3 above, may ask the
Court to vary or discharge these Orders, but anyone wishing to do so must make
an application by Application Notice which is issued, filed and served on the
parties not less than 48 hours before the hearing of the application. - Pursuant to CPR 39.2(5) a copy of this Order will be published on
www.judiciary.uk.
NOTIFICATION TO THE MEDIA - By 4.30pm on Tuesday 5 December 2023, the Claimants must serve the
following documents (“the Application Documents”), together with a copy of this
Order, on the Press Association by email to
Alerts.Service@pamediagroup.com:
a. the Application Notice for the Anonymity Application in the lead action
(KB-2023-003633) and supporting documentation;
b. the Witness Statement of Olivia Halse dated 31 October 2023;
c. the Anonymised Order of 10 October 2023 and
d. the draft Order the Claimants will ask the Court to make on the Anonymity
Applications.
The Application Documents:
(1) may be redacted prior to service on the Press Association (a) to replace
the Claimants’ names with the Ciphers; and (b) any confidential
information that by the proposed proceedings the Proposed Claimants
seek relief; and
(2) pending further Order of the Court at the Hearing, must be held and used
by the Press Association (and any of its members to whom the
documents are sent) only for the purposes of considering the Anonymity
Applications and whether it wishes to make representations to the Court
at the Hearing.
FURTHER DIRECTIONS FOR THE HEARING - By 4.30pm on 5 December 2023, the Claimants must file and serve a copy of
the Order that they will invite the Court to make at the Hearing. - If the Press Association, or any media organisation, wishes to make
representations in relation to the Anonymity Applications then they,
a. may file and serve on the Claimants written submissions by 10am on 10
December 2023; and
b. attend the Hearing to make oral submissions. - The Claimants must provide a copy of their skeleton argument for the Hearing
to the Press Association or any media organisation that requests it. - Order made without giving the Claimants or Defendant an opportunity to make
submissions, as such any party may apply to vary or discharge, but any
Application seeking to do so must be made by Application Notice, issued filed
and served as soon as practicable and in any event by 4.30pm on 8 December
2023.
REASONS
(A) Pending determination of the Application, I have imposed the restrictions in
Paragraphs 1 to 3 above. If I did not do so, a hearing in Open Court (and access
to documents on the Court file) would render the Application nugatory; the Court
by its process would destroy that which the Claimants were seeking to protect
before even a decision had been made.
(B) Given that the Anonymity Applications seek important derogations from open
justice and reporting restrictions, I have directed service of the Anonymity
Applications on the Press Association (using the Injunctions Alert Service). It
will be for them (or their members) to decide whether they wish to make any
representations to the Court in relation to the Anonymity Applications.
(C) Subject to any application made, and any determination by the Court, that it is
strictly necessary for the Hearing to take place in private, the Hearing will be
listed to be heard in open court. Derogations from open justice require clear
justification. The Claimants (and the Defendant) should therefore ensure that
their skeleton argument for the Hearing is in a form that can be disclosed in
open court proceedings and provided to any representative of the media who
requests a copy. With use of the Ciphers, and pending final determination of the
Application, it would appear to me (at this stage) to be possible to conduct the
Hearing in open Court.