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

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON-000997

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

In the matter of an application for judicial review

4 April 2025

Before:

The Hon. Mr Justice Mould

Between:

The King
on the appolication of
(1) BEL
(2) BEB
(3) BCC
(4) BEC
(5) BKJ (by her litigation friend BSJ)
(6) BDM (by his litigation friend BSJ)

-v-

Secretary of State for Foreign, Commonwealth and Development Affairs

Order

On an application by the Claimant for urgent consideration and directions

Following consideration of the documents lodged by the Claimants

    ORDER by the Hon. Mr Justice Mould:

    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 Fifth and Sixth Claimants’ Litigation Friend 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 BEC, BKJ and BDM; and BEL, BEB, BCC,

    (iii) The Fifth and Sixth Claimants’ Litigation Friend is to be referred to orally
    and in writing as BSJ.

    (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 Fifth and Sixth Claimants’ Litigation Friend or of any matter likely to lead to the identification of the Claimants or the Fifth and Sixth Claimants’ Litigation Friend 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 Fifth and Sixth Claimants’ Litigation Friend;

    (ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimants or the Fifth and Sixth Claimants’ Litigation Friend, 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 Order must make an application, served on each party.

    1. Litigation Friend: BSJ is appointed to act as litigation friend to the Fifth and Sixth Claimants.
    2. Abridgement of time and expedition:

    (a) The Defendant’s Acknowledgement of Service (CPR 54.8) must be filed and served by 12pm on 11 April 2025.

    (b) Any Reply from the Claimant (CPR 54.8A) must be filed and served by 10am on 14 April 2025.

    (c) 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.

    1. Liberty to apply.

    REASONS

    Anonymity: There are compelling reasons for the limited derogations from the principle of open justice in paragraph 1. It is clear from the papers filed on behalf the claimants that they are very highly vulnerable in their current circumstances and anonymity in these proceedings is compellingly justified.

    Abridgement of time/expedition: Whether permission to apply for judicial review should be granted of the decision under challenge must be decided as a matter of great urgency. Rather than pre-empt the future timetable for the substantive hearing, should permission be granted, it makes better sense to leave that to be directed by the judge following consideration of the Defendant’s summary response to the claim. I have nevertheless stated that any substantive hearing must be expedited.

    Signed: Mr Justice Mould

    Dated: 4 April 2025