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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim Number: AC-2024-LON-002539

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

25 July 2024

Before:

The Honourable Mrs Justice Foster DBE

Between:

The King on the application of
AXS

-v-

Secretary of State for the Home Department

Order

UPON READING THE VERY URGENT APPLICATION for interim relief and for permission to apply for Judicial Review

IT is ORDERED

By the Honourable Mrs Justice Foster DBE

Anonymity

  1. Upon it appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant, pursuant to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4C of the Civil Procedure Rules the Claimant shall hereinafter be referred to in these proceedings as AXS.
  2. Pursuant to CPR rule 39.2(4) there shall not be disclosed in any report of the proceedings the name or address of the Claimant or any details leading to the identification of the Claimant and the Claimant, if referred to, shall only be referred to as AXS.
  3. Pursuant to CPR rule 5.4C a person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the Court records only if the statement of case, judgment or order has been
    anonymised such that: (a) the Claimant is referred to in those documents only as AXS; and (b) that any reference to the names of the Claimant be deleted from those documents.
  4. Any person affected by paragraphs 1 to 3 of this Order may apply on notice to all parties and to the Court to have this Order set aside or varied.

Interim relief

  1. The Defendant shall provide the Claimant with accommodation on an interim basis pending the determination of the application for permission for judicial review or sooner Order of the Court.
  2. The Application for permission to apply for judicial review and further interim relief is adjourned and will be listed for hearing in court on notice to the Defendant as soon as possible after Thursday 8 August 2024 with a time estimate of 2 hours.
  3. The obligation to file an Acknowledgement of Service is hereby dispensed with.
  4. The Defendant do file and serve a Statement of its Grounds of Defence and such evidence as it wishes to rely upon at this stage by 4pm Wednesday 31 July 2024.
  5. The parties are to provide a written estimate within 24 hours of service of this Order if they disagree with the estimate at 6 above.
  6. The Claimant must file and serve a Skeleton Argument by 4pm Monday 5 August 2024.
  7. The Defendant must file and serve a Skeleton Argument no later than 12 noon Wednesday 7 August 2024.
  8. Liberty to both parties to seek to revoke or vary this Order on 24 hours’ written notice by email to the Court and to the other side.
  9. Costs reserved.

Observations

  1. The issue of potential alternative accommodation for the Claimant must be grappled with before the hearing even though his case is that he still qualifies for the NRM protective accommodation from which he stands to be evicted tonight/tomorrow.
  2. The abridged timetable may need expansion if the evidence as to availability of alternatives is not immediately forthcoming.