BCV and others -v- Secretary of State for Foreign, Commonwealth and Development Affairs (order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON-002367

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

In the matter of an application for judicial review

21 July 2025

Before:

The Honourable Mr Justice Sheldon

Between:

(1) BCV
(2) BDA
(3) BGA
(4) BSU
(5) BRW
(6) BRU
(7) BYN
(8) BUC
(9) BCK
(10) BUK
(11) BSV
(12) BGL
(13) BHR
By their Litigation Friend BP

-v-

Secretary of State for Foreign, Commonwealth
and Development Affairs

Order

Following consideration of the documents lodged by the Claimant

ORDER by the Honourable Mr Justice Sheldon

  1. Anonymity:

(a) Under the Court’s inherent jurisdiction and pursuant to s. 6 of the Human Rights Act 1998:

(i) the Claimants’ names and the name of the Litigation Friend to the Seventh to Thirteenth Claimants are to be withheld from the public and must not be disclosed in any proceedings in public;

(ii) the Claimants are to be referred to orally and in writing as BCV, BDA, BGA, BSU, BRW, BRU, BYN, BUC, BCK, BUK, BSV, BGL, BHR.
(iii) and the Litigation Friend to the Seventh to Thirteenth Claimants is to be referred to orally and in writing as BPK.

(b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimants or the Litigation Friend to the Seventh to Thirteenth Claimants or of any matter likely to lead to the identification of the Claimants or the Litigation Friend to the Seventh to Thirteenth Claimants 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 and serve a redacted copy of any statement of case already filed, omitting the name, address and any other information likely to lead to the identification of the Claimants or the Litigation Friend to the Seventh to Thirteenth Claimants;

(ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimants or the Litigation Friend to the of the Seventh to Thirteenth Claimants, a redacted copy omitting that information must be filed at the same time and must then be served with the unredacted version;

(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 part of the Order must make an application, served on each party.

2. Litigation Friend: BPK is appointed to act as Litigation Friend to the Seventh to Thirteenth Claimants.

3. Abridgement of time and expedition

(a) The Defendant’s Acknowledgement of Service must be filed and
served by 12pm on 29 July 2025;

(b) The papers are to be referred to a judge for a decision whether to grant permission to apply for judicial review immediately thereafter and, if permission is granted, for further directions for the expedited hearing of the substantive claim. The matter to be reserved to Sheldon J, unless that is impracticable.

(c) The parties to provide the Court by 30 July 2025 (in writing by 10am, or at the hearing referred to at paragraph 4 below if that hearing is proceeded with) with suggested directions for the expedited hearing of the substantive claim (on the assumption that permission is granted and/or that a rolled up hearing of permission/substantive is ordered by the Court following consideration at 3(b) above (no decision having been made).

Disclosure

4. The Court to hear the Claimants’ application for disclosure, if so required, at an oral hearing on 30 July 2025. The Claimants to notify the Administrative Court Office by 3pm on that date if an oral hearing is required.

5. Liberty to apply to the Secretary of State to vary or set aside this Order can be made in writing by 10 am on 30 July 2025, or at the oral hearing on 30 July 2025 (if the Claimants require said hearing pursuant to paragraph 4 above, or if the Secretary of State requests a hearing for the purposes of setting aside or varying the Order: such request to be notified to the Administrative Court Office by 3pm on 30 July 2025).

6. Costs reserved

Reasons

  1. The Claimants are two families. C1 and C2 are siblings. C4 and C3 are their respective spouses. C11 to 13 are the children of C1 and C4. C5 to 10 are the children of C2 and C3. They are nationals of Palestine, and are currently residing in Gaza. Pursuant to a decision of the First-Tier Tribunal, the Claimants have been granted right to enter the United Kingdom on Article 8 grounds. The Claimants have been unable to leave Gaza and have sought consular assistance from the Secretary of State to facilitate their exit from Gaza and entry to the United Kingdom. This has been refused on the basis that the criteria for consular assistance are not met, and the Claimants’ cases are not exceptional such as to justify departure from those criteria.

2. C5 to 13 are children and are living in a vulnerable situation. Their names and identities require anonymity and reporting restrictions. So as to ensure their anonymity, it is necessary for the other Claimants to be anonymised as well. Similarly for their Litigation Friend. The appointment of a Litigation Friend to C5 to 13 is called for, given their status as children and given the difficulties that may well arise in this case in obtaining timely instructions from their parents who remain in Gaza. It is appropriate that the Litigation Friend be someone who resides in the United Kingdom. That person shall be their paternal aunt.

3. In the refusal letter of 25 June 2025, the Secretary of State acknowledges the precarious position of the Claimants and that the humanitarian crisis in Gaza is dire and continuing. In the circumstances, the overriding objective calls for expedition in this case and abridgment of time for filing and serving the Acknowledgment of Service and Summary Grounds.

4. Given that the Secretary of State has already dealt with similar claims in another case – R(BEL) v Secretary of State for Foreign, Commonwealth and Development Affairs [AC-2025-LON-000997), and having had sight of the decision letter which is under challenge, as well as the briefing document to the Secretary of State, it seems to me that the Acknowledgment of Service with Summary Grounds can be filed and served by the Secretary of State at some speed. Accordingly, I order that these pleadings be provided by 12pm on 29 July 2025. The Court shall then determine the application for permission as soon as possible thereafter.

5. I make no order at this stage with respect to the substance of the Claimants’ application for disclosure. The application is premature, pending the service of the Acknowledgment of Service and Summary Grounds. The Secretary of State is aware of the nature of the challenge that is being made against him and will, no doubt, comply with the duty of candour when providing his initial response to this claim.

6. If, having reviewed the Secretary of State’s Acknowledgment of Service and Summary Grounds, and any accompanying documents, the Claimants wish to proceed with an application for disclosure, this can be made orally at a hearing on 30 July 2025.

7. As this Order has been made without the Secretary of State having an opportunity to comment, liberty to apply to vary or set aside the order can be made, and this can be done at an oral hearing on 30 July 2025 if necessary.

8. The parties are also ordered to provide suggested directions for the future progress of this claim on the assumption that either permission is provided or that a direction is made for a rolled-up hearing (no decision yet having been made on the application for permission).

Signed: Mr Justice Sheldon

21 July 2025