BLZ -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
AC-2023-LON-002487
In the High Court of Justice
King’s Bench Division
Administrative Court
4 September 2024
Before:
Mr Justice Fordham
Between:
The King on the application of
BLZ
-v-
Secretary of State for the Home Department
and
Leeds City Council
(Interested party)
AC-2023-LON-03699
Between:
The King on the application of BLZ
-v-
Leeds City Council
and
Secretary of State for the Home Department
The second local authority
(Interested parties)
Order
UPON the Anonymity Order of Yip J dated 28 August 2024 (“the Order”), published (pursuant to paragraph 6 of the Order), and now reconsidered (pursuant to paragraph 4).
AND UPON the Press Association having been served with the Order and the Case Summary (pursuant to paragraphs 2 and 3 of the Order) and no representative of the media or other interested person having notified any wish to make representations on the Order (pursuant to paragraph 5).
AND UPON considering written submissions and hearing oral submissions from Counsel for the Claimant (Ms Harrison KC), for the Secretary of State for the Home Department (Mr Holborn), for Leeds City Council (Mr Lawson) and for the Second Local Authority (Ms Davies), at a hearing held in private.
AND UPON the Court’s decision having been announced and Order made orally in open court (3 September 2024), with reasons to follow.
AND PURSUANT to rule 39.2(4) and rule 5.4C and 5.4D of the Civil Procedure Rules, section 11 of the Contempt of Court Act 1981 and the Human Rights Act 1998.
AND UPON the Court being satisfied that the terms of this Order are necessary, inter alia, in order to protect the interests of the Claimant.
AND UPON Counsel liaising with each other and Fordham J as to the contents of a Confidential Aide Memoire of terms and information to be avoided in open court (and in any judgment), to promote and secure effective compliance with this Order.
IT IS ORDERED that:
1. The Anonymity Order of Yip J dated 28 August 2024 is set aside and replaced as follows.
2. Subject to further order:
a) In both claims, the identities of the Claimant and the Interested Party Local Authority in the Leeds claim (“the Second Local Authority”) shall not be published.
b) There shall not be disclosed in any report of these proceedings, or other publication (by whatever medium) in relation to these proceedings, the name or address of the Claimant, the name or location of the Second Local Authority, the name or address of any of the Claimant’s family members, or any other matters which could lead to the identification of the Claimant, his family members or the Second Local Authority.
c) There to be substituted for all purposes in the two claims, in place of reference, whether orally in writing: (i) to the Claimant by name, “the Claimant” or “BLZ”; (ii) to the Second Local Authority by name, “the Second Local Authority”; and (iii) to the accommodation and its location, at which the Claimant has resided since 20 December 2023 in the area of the Second Local Authority, “the Hotel”.
d) Pursuant to CPR Rule 5.4C, reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant.
3. A Revised Case Summary (based on paragraphs 6 to 15 of the Case Summary served on the Press Association) shall be prepared by the Claimant’s representatives to be available in Court and subsequently, for supply to any person, upon request to the Claimant’s representatives or the Court.
4. Insofar as the Claimant’s representatives consider it necessary, any statement of case or other document already filed in the proceedings shall be replaced by a document in anonymised and redacted form.
5. 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 the Order and this Order) without the permission of a Judge. Any application for such permission must be made on notice to the Claimant’s solicitors.
6. Any person has liberty to apply, on notice to the parties, to vary or discharge this Order.
7. A copy of this Order shall be published on the website of the Judiciary of England and Wales.