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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim Number: AC-2024-LON-003217

In the High Court of Justice
King’s Bench Division
Administrative Court
In the matter for judicial review

26 September 2024

Before:
The Honourable Mr Justice Ritchie

Between:

BGT

-v-

The Secretary of State for the Home Department

Anonymity Order

BEFORE the Honourable Mr Justice Ritchie, sitting at the Royal Courts of Justice, the Strand, London on 26.9.2024.

WITHIN the claim for judicial review dated 25.9.2024.

UPON CONSIDERING an application for anonymity by the Claimant dated 25.9.2024 and the bundles filed herein.

AND UPON:
(a) consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression;
(b) the Defendants indicating their neutrality to the making of the order and there being no representations from the press or any other interested party;
(c) the press making no representations to the contrary.

AND UPON IT APPEARING that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant.

AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.

NOW IT IS ORDERED:
Identity and address

  1. That the identity of the Claimant shall not be disclosed.
  2. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name is prohibited.

    Documents filed in future
  3. That the names of Claimant shall be described in all statements of case and other documents to be filed or served in the proceedings in future and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as BGT.
  4. That the address of the Claimant shall be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.

    Court files
  5. That in so far as necessary, any statement of case or other document disclosing the Claimant’s name or address already filed in the proceedings shall be replaced by a document describing such name or address in anonymised form as above.
  6. That the original of any such document disclosing the name or address of the Claimant placed on the Court file (digital or paper) shall be marked “confidential: not to be opened without the permission of a Master or High Court Judge”.
  7. That a non-party may not inspect or obtain a copy of any document on or from the Court’s paper or digital files (other than this order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on 14 days notice to the Claimant’s solicitor or deputy and the Court will effect service.
  8. The Court’s paper and digital files are to be marked “subject to an Anonymity Order”.

    Exceptions
  9. The provisions of this Order shall not apply:-
    a. to communications between the Court Funds Office and the anonymised party in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money;
    b. to communications between the Court Funds Office and/or the anonymised party and any financial institution concerned as to the receipt or investment of such money; or
    c. to records kept by the Court Funds Office or the anonymised party or any such financial institution in relation to such money.

    Procedure
  10. That the Defendant may apply under rule 23.10 to have this Order set aside or varied.
  11. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.

    NOTE:
    A. If a confidential document or schedule is to be e-filed, the “confidential” checkbox should be ticked and the reason for the confidentiality request must be specified in the “documents comments” section. If an order has
    been made, the date of the order should be given and a copy of the order attached using “add another” document.
    B. Pursuant to the Practice Guidance: “Publication of Privacy and Anonymity Orders” issued by the Master of the Rolls dated 16 April 2019 and CPR r.39.2 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). Parties shall ensure the Order does not contain information which would undermine the anonymity purpose. A copy of the order should be sent by email to the Judicial Office at judicialwebupdates@judiciary.uk.

    Reasons
  12. The Claimant is an asylum seeker and is vulnerable.

DATED 26 September 2024