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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON-000903

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

In the matter of an application for judicial review

9 May 2025

Before:

Richard Kimblin KC,
sitting as a Deputy High Court Judge

Between:

The King
on the application of
BCG
(by his litigation friend, Madeleine Harris)

-v-

Secretary of State for the Home Department

Order

After review of the claim form, the proposed consent order, applications to extend time and for a stay, the defendant’s and interested parties responses

ORDER BY RICHARD KIMBLIN KC
(Sitting as a Deputy High Court Judge)

  1. Anonymity:

(a) Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction and/or s. 6 of the Human Rights Act 1998:

(i) the Claimant’s name is to be withheld from the public and must not be disclosed in any proceedings in public; and

(ii) the Claimant is to be referred to orally and in writing as BCG.

(b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or of any matter likely to lead to the identification of the Claimant in any report of, or otherwise in connection with, these proceedings.

(c) Pursuant to CPR 5.4C(4):

(i) the parties must within 7 days file a redacted copy of any statement of case filed, omitting the name, address and any other information likely to lead to the identification of the Claimant;

(ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant, a redacted copy omitting that information must be filed at the same time;

(iii) unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case.

(d) Any person wishing to vary or discharge this Order must make an application, served on each party.

  1. Procedural Directions:

(a) By 4pm on 6th June 2025 the Claimant shall file and serve a statement of facts and grounds; any evidence relied upon, and; an application for permission to rely on expert evidence, if so advised.

(b) The Defendant’s and any other party wishing to take part in these proceedings shall file and serve an Acknowledgement of Service (CPR 54.8) filed and served by 4pm on 27th June 2025.

(c) Any Reply from the Claimant (CPR 54.8A) must be filed and served by 4pm on 4th July 2025

(d) The papers are to be referred to a judge or deputy judge within 7 days thereafter.

(e) Liberty to apply on 48 hours notice to the other parties.

REASONS

(1) Anonymity: The Claimant is a putative unaccompanied minor and his asylum claim is pending. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.

(2) Directions: I accept the reasons given to date for a stay in these proceedings, in order to obtain evidence in support of C’s claim and for the parties to engage in protocol correspondence. However, it is necessary for the claim to be pleaded and to make progress in identifying the parties’ positions and the issues in the case. It is therefore necessary for C to plead his case and provide evidence in support. I have sought to provide ample time for the necessary steps to be taken by the parties in order that the papers may be placed before a judge or deputy judge in mid-July to decide permission and whether to transfer to the Upper Tribunal.

(3) I have given liberty to apply on notice to the other parties.

Signed: RICHARD KIMBLIN KC
Date: 9th May 2025