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

Administrative CourtCivilKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON-000725

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

In the matter of an application for judicial review

10 March 2025

Before:

Mr Justice Johnson

Between:

The King
on the application of
BLL

-v-

Secretary of State for the Home Department

Order

On the Claimant’s application for anonymity, urgent consideration and interim relief

Following consideration of the documents lodged by the claimant

AND UPON it appearing that non-disclosure of the identity of the claimant is necessary in order to protect the interests of the claimant, pursuant to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981

ORDER by Mr Justice Johnson

Mandatory injunction

  1. By 12 noon on 20 March 2025, the claimant must be released from detention to an address provided by the defendant.

    Anonymity
  2. The Claimant shall hereinafter be referred to in these proceedings as BLL (“the cipher”).
  3. The claimant’s name is to be withheld from the public and must not be disclosed in any proceedings in open court.
  4. There is to be substituted for all purposes in these proceedings in place of references to the claimant by name, and whether orally or in writing, references to the cipher.
  5. Pursuant to s.11 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.
  6. Pursuant to CPR 5.4C(4):
    (a) The parties must, when filing any statement of case, also file a redacted copy of that statement of case omitting the name, address and any other information which could lead to the identification of the claimant.
    (b) Unless the court grants permission under CPR 5.4(C)(6), no non-party may obtain an unredacted copy of any statement of case.

    Right to apply to set aside or vary this order
  7. This order was made on the papers on the claimant’s application (but not in the terms sought by the claimant) and without representations from the defendant. The parties each have liberty to apply on notice to vary or to set aside or discharge this order. Any such application is to be referred to a judge or deputy judge for consideration within 1 working day.

    Costs
  8. Costs reserved.

This is a mandatory injunction. Breach of paragraph 1 of this order may give rise to contempt proceedings. Even if an application has been made under paragraph 7 to vary or discharge, the order at paragraph 1 must be complied with unless or until such an order is made.

Reasons

The contention that the claimant is being unlawfully detained (including by reason of the failure to comply with the adults at risk policy) is sufficiently meritorious to justify the grant of interim relief. The balance of convenience favours the grant of interim relief, having regard to the evidence that detention is injurious to the claimant and the in principle grants of bail. The defendant had, but did not take, an opportunity to respond to the claim when the claimant sent a pre-action letter of claim. Rather than list the case for a hearing where the defendant’s stance is not known, I consider the better course is to make a mandatory order now but giving the defendant 10 days’ within which to comply. That will also allow sufficient time for the defendant to apply to vary or discharge the order if that is what the defendant wishes to do, and for that application to be determined, so long as any such application is made very swiftly after receipt of this order.

Signed Mr Justice Johnson
Date 10 March 2025