ASS and others -v- The Home Office (anonymity order)

High CourtKing's Bench DivisionAnonymity 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


Mr Justice Nicklin


(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)


The Home Office


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)


  1. 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
    (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.
  2. 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.
  3. 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.
  4. 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.
  5. Pursuant to CPR 39.2(5) a copy of this Order will be published on

  6. 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
    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
    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.

  7. 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.
  8. 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.
  9. The Claimants must provide a copy of their skeleton argument for the Hearing
    to the Press Association or any media organisation that requests it.
  10. 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

    (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.