BJ -v- Secretary of State for the Home Department and another (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/1865/2023

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

14 June 2023

Before:

The Honourable Mrs Justice Lang DBE

Between:

The King on the application of
BJ

-v-

Secretary of State for the Home Department

and

Secretary of State for Defence

Order

On the Claimant’s application for an anonymity order, urgent consideration, expedition, and abridgment of the Defendants’ time for filing an Acknowledgment of Service;
Following consideration of the documents lodged by the parties;
Order by the Honourable Mrs Justice Lang DBE

  1. Pursuant to CPR r.39.2, in any report of these proceedings, there shall be no publication of the name and address of the Claimant, nor any other particulars likely to lead to his identification. In the proceedings, the Claimant shall be anonymised and referred to as set out in the title to this order.
  2. Within 14 days of the date of this order, the Claimant’s solicitors shall file with the Court copies of case documents which have been anonymised and/or redacted to protect the identity of the Claimant, in accordance with paragraph 1 above.
  3. Non-parties may not obtain any documents from the court file which have not been anonymised and/or redacted to protect the identity of the Claimant, in accordance with paragraph 1 above.
  4. The claim is deemed fit for expedition.
  5. The application for permission is to be considered by a Judge on the papers within 14 days of the filing of the Acknowledgment of Service and Summary Grounds of Resistance.
  6. Liberty to apply to vary or discharge this order on 2 days notice to the other party.
  7. Costs in the case

Reasons

  1. I have granted an anonymity order in the light of the evidence that the Claimant’s dependants are at risk of harm at the hands of the Taliban. In the circumstances, a departure from the general principle of open justice is justified.
  2. I have also made an order for expedition, because of the risk to the Claimant’s dependants.
  3. The claim was issued for service on 23 May 2023. I assume that the Claimant’s solicitors served the claim form and supporting documents shortly thereafter, but I do not know the date of service. Under CPR r 54.8, the Defendant is required to file and serve its Acknowledgment of Service and Summary Grounds of Resistance no more than 21 days after service of the claim form. That deadline is likely to be imminent, and therefore it is now too late to abridge time.