BMS and BMV -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2024-LON-02305

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

In the matter of an application for judicial review

19 August 2025

Before:

The Hon. Mr Justice Sweeting

Between:

The King
on the application of
(1) BMS
(2) BMV

-v-

Secretary of State for the Home Department

Order

UPON an application by the Claimants for anonymity and expedition

AND UPON the Defendant’s application by notice of 6 August 2025 for an extension of time to file and serve her Acknowledgement of Service and Summary Grounds of Defence.

Following consideration of the documents lodged by the Claimants

ORDER by the Hon. Mr Justice Sweeting

  1. Anonymity:

(a) Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction and/or s. 6 of the Human Rights Act 1998:

(i) the Claimants names are to be withheld from the public and must not be disclosed in any proceedings in public; and

(ii) The First and Second Claimants are to be referred to orally and in writing as BMS and BMV respectively.

(b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimants or of any matter likely to lead to the identification of the Claimants 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 a redacted copy of any statement of case filed, omitting the name, address and any other information likely to lead to the identification of the Claimants;

(ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimants, a redacted copy omitting that information must be filed at the same time;

(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. Extension of time and expedition

(a) The time for the Defendant to file and serve her Acknowledgment of Service and Summary Grounds of Defence is extended to 28 August 2025

(b) Any Reply from the Claimant (CPR 54.8A) must be filed and served by 4pm on 5 September.

(c) The papers are to be referred to a judge or deputy judge as soon as possible thereafter.

(d) Costs reserved.

REASONS

  1. Anonymity: The Claimants are asylum seekers. Identification of the Claimants may place them at increased risk of harm if returned to their country of origin. The claim also involves personal medical information in which the Claimants have a reasonable expectation of privacy. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.
  2. Extension of time/expedition: The application has come before me today me as the immediates judge. There would be little purpose in not granting the extension sought at this stage and I accept the reasons put forward by the Defendant, although brief, for requiring an extension of time. The application for expedition is made on the basis that this case might be heard with the similar claims advanced in:
    a. AC-2025-LON-001905 – The King (on the application of SH) v SECRETARY OF STATE FOR THE HOME DEPARTMENT and AC-2025-LON-002101 and;
    b. The King (on the application of BWO) v SECRETARY OF STATE FOR THE HOME DEPARTMENT
  3. Expedition was granted for different reasons in those cases and, as I understand it, they are at different stages with SH listed for a hearing on 28 September whereas a permission decision is outstanding in BWO. If SH and BWO can appropriately be heard together (if permission is granted in BWO) then I am not persuaded, at present, that simply adding another case which, in the Claimants’ contention, raises the same issues is an appropriate or necessary course. In any event any case management decision about this case ought to be taken in the light of such grounds of defence as are advanced by the Defendant. To that extent I am prepared to order that the question of permission should be decided as soon as possible after the steps set out at paragraphs 2a and 2b of this order.

Signed: Mr Justice Sweeting
Date: 19 August 2025