B9 -v- Secretary of State for the Home Department (anonymity order)
REF: t2/2021/0966/PTA
IN THE COURT OF APPEAL, CIVIL DIVISION
4 June 2021
B9
–v–
SECRETARY OF STATE FOR THE HOME DEPARTMENT
ORDER made by the Rt. Hon. Lord Justice Lewis
On consideration of the application for an anonymity
And on consideration of the papers and without an oral hearing.
Decision:
1. The order made by Mr Justice Jay granting anonymity to the appellant and directing that he be identified as B9 be continued until 4 p.m. on Wednesday 9 June 2021 or until further order.
2. Representatives of the press, including Mr Jon Austin the crime editor of the Sunday Express, be informed of the application for an anonymity order if at all possible by 4 p.m. on Monday 7 June 2021.
3. Representatives of the press to make any written submissions on anonymity by 4 pm. on Tuesday 8 June 2021.
4. The papers be put before a Lord or Lady Justice of Appeal no later than 10 a.m. on Wednesday 9 June 2021 for that Lord or Lady Justice to give directions and/or deal with the application for anonymity.
Reasons:
1. B9 is the subject of proceedings in the Special Immigration Commission. Mr Justice Jay refused an application for anonymity but ordered that the identify of B9 could be published if no further order was made by the Court of Appeal by 4 p.m. on 1 June 2021.
2. It appears that no further application was made before that deadline but an application for anonymity was made afterwards.
3. A representative of the press, Mr Jon Austin, contacted the court office by e-mail at 15.20 on 4 June 2021 asking if B9 had appealed and if any anonymity order had been made by the Court of Appeal.
4. Mr Austin gave a written assurance by e-mail timed at 17.01 on 4 June 2021 that his newspaper would not publish the identity of B9 until the anonymity application was determined and asking for an indication of how representations could be made. Mr Austin had made written submissions to Mr Justice Jay which had persuaded him not to make an anonymity order (subject to ordering non-publication for a period which was thought to enable the matter to be considered by the Court of Appeal).
5. I make this order to ensure that the identity of the appellant is not published until the Court of Appeal has had the opportunity to consider this matter, and to enable representatives of the press to put forward their views as to why anonymity should not be continued.
Notes:
1) Where an application (other than an application for permission to appeal) has been refused on the papers, the applicant may request that the decision be reconsidered.
2) An application for reconsideration must be filed within 7 days after the party is served with notice of the decision.
3) The reconsideration will be determined by the same or another judge on paper without an oral hearing; except that the judge determining the reconsideration on paper may direct that the reconsideration be determined at an oral hearing, and must so direct if the judge is of the opinion that the reconsideration cannot be fairly determined on paper without an oral hearing: see CPR 52.24.