BAL and others -v- Secretary of State for Defence and others (anonymity order)
Administrative CourtHigh CourtQueen's Bench DivisionAnonymity Order
Case No: CO/2996/2022
In the High Court of Justice
Queen’s Bench Division
Administrative Court
19 August 2022
Before:
The Honourable Mr Justice Freedman
Between:
The Queen on the application of
(1) BAL
(2) BAL 1
(3) BAL 2
(4) BAL 3
(5) BAL 4
-v-
(1) Secretary of State for Defence
(2) Secretary of State for the Home Department
and
National Crime Agency
(Interested party)
ORDER
UPON considering the Application for Urgent Consideration, Claim Form, Grounds for Judicial Review and supporting bundle
ORDER by the Honourable Mr Justice Freedman
Anonymity
1. The Claimants shall be referred to in these proceedings as BAL, BAL1, BAL2, BAL3 and BAL4 respectively.
2. Pursuant to CPR 39.2 there shall be no publication of the name or address of the Claimants
or any particulars of the case likely to lead to the identification of the Claimants without the
leave of the court.
3. The Court File shall be closed to the public pursuant to CPR 5.4C pending confirmation that
any documents to be made available have been fully anonymized.
4. Any party or any person affected by this order has liberty on written notice to the parties to
apply to vary or discharge this part of the order.
Expedition and case management
5. This claim shall be expedited.
6. In connection with expedition, the Claimant shall provide the information referred to in
paragraph 18 of the Observations by 4pm on Monday 22 August 2022. This is not a restatement
of the danger to BAL1-BAL4, but the correlation between the orders sought and
the alleviation of risk, that is how the orders sought in these proceedings will or may reduce
the level of risk or accelerate the time when the risk may be reduced.
7. Time for the Defendant’s Acknowledgment of Service and Summary Grounds of Resistance
shall be abridged to 6pm 24 August 2022.
8. Any reply to the Acknowledgement of Service be filed and served by 10am on 25 August
2022.
9. By no later than 12 noon on 25 August 2022, the papers shall be placed before a High Court
judge for consideration at the earliest opportunity of interim relief, permission and/or
further directions.
10. Costs reserved.
11. Liberty to apply to any party on written notice to the other parties to apply to vary or
discharge any part of this order.
Observations
12. The Court has had particular regard to the matters relied upon by the Claimants in support
of the urgency of the application. Without prejudice to the generality of the above, the
Court has had regard to the following facts and matters:
(1) The second witness statement of the fourth Claimant dated 16 August 2022 in which
he relates the events since 8 August 2022.
(2) The witness statement of Adam Hundt, solicitor, dated 16 August 2022 in which he relates the pre-action history of communications between the Claimants and the Defendant and the most recent history of 13 August 2022.
13. The Court notes that the Defendant is willing to provide it Acknowledgment of Service and Summary Grounds of Resistance by 26 August 2022, but in the circumstances requires this to be done by 6pm on 24 August 2022.
14. It is not the general practice to allow a Reply, but in the circumstances, a brief opportunity has been provided for a short reply.
15. On 18 August 2022, the Court asked for information in connection with expedition as to “what order is envisaged from a judge that might then reduce the level of the risk or accelerate the time when the risk may be reduced.” The answer which was provided was about the danger besetting the Second to the Fifth Claimants. The evidence about the danger is apparent from the papers, and the Claimants have repeated the concerns in a further submission overnight. The Court wishes to be provided with information as to how the orders sought in these proceedings will or may reduce the level of risk or accelerate the time when the risk may be reduced.
16. It is noted that the Claimant has sought that the papers are turned round by the Court within 2 days of being submitted to the Court. The order provides for expedition and for the Court to consider the matter at the earliest opportunity. The information referred to at paragraph 15 above is relevant to the degree of expedition required when the papers are re-submitted.