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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2025-BHM-000071

In the High Court of Justice
King’s Bench Division    

Administrative Court 
In the matter of an application for judicial review

13 March 2025

Before:

His Honour Judge Rawlings

Between:

The King (on the application of)

BNY

-v-

The Secretary of State for the Home Department

ORDER

On an application by the Claimant for directions in relation to the Claimant’s application for Interim relief

Following consideration of the documents lodged by the Claimant.

  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:
  • the Claimant’s name is to be withheld from the public and must not be disclosed in any proceedings in public; and
  • the Claimant is to be referred to orally and in writing as BNY.

    (b) Pursuant to s. 11 of the 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.

    (c) Pursuant to CPR 5.4C(4):
  • 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 Claimant;
  • if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant, a redacted copy omitting that information must be filed at the same time;
  • 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.

2. Directions to determine Claimant’s application for Interim Relief:

  • The Defendant shall serve a written response to the Claimant’s application for interim relief within 7 days of service of this order upon them.
  • There be consideration of the application for interim relief on the papers as soon as practicable thereafter.
  • The Defendant is at liberty to apply to vary, set aside or stay these directions on 24 hours’ notice to the Claimant.
  • Costs reserved.

REASONS

  • Anonymity: The Claimant’s son is a vulnerable child whose anonymity should be preserved. Disclosure of the Claimant’s identity may lead to disclosure of their child’s identity. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.
  • Directions to determine Claimant’s application for Interim Relief: The application for interim relief concerns the health and welfare of a vulnerable child which is a compelling reason for giving directions that will lead to determining the application for interim relief on an urgent basis. The directions nonetheless allow the Defendant to set out any basis upon which they opposes the granting of interim relief, before the court decides whether or not to grant it and if so in what terms.