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BVN -v- Secretary of State for the Home Department (anonymity order published under CPR 39.2(5)

|High Court|Anonymity Order

Claim No: CO/176/2020

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

17 January 2020

In the matter of an application for Judicial Review

Before:

Mr Justice Murray

Between:

The Queen on the application of BVN

-v-

The Secretary of State for the Home Department

 


On the Claimant’s application for interim relief and for an anonymity order

Following consideration of the documents lodged by the Claimant, including his application notice filed on 17 January 2020 and the grounds and evidence filed in support

Order by the Honourable Mr Justice Murray (and by his direction, redacted for publication under CPR Rule 39.2(5)): 1. …

2. …

3. …

4. Pursuant to section 11 of the Contempt of Court Act 1981, CPR Rule 39.2(4) and CPR Rule 5.4(C)(4), until further order the proceedings the following directions shall apply:

(a) There shall be substituted, for all purposes in this case, in place of references to the Claimant by name, the letters “BVN”.

(b) To the extent necessary to protect the identity of the Claimant or his location, any other references, whether to persons or places or otherwise, be adjusted appropriately, with the permission of the parties to apply in default of agreement as to the manner of such adjustments.

(c) So are as the claim form, or any judgment or order, or any other document to which any person may have access pursuant to CPR 5.4A-D does not comply with the above, the Claimant’s solicitors have leave to file with the Court copies of such documents adjusted so as to comply. Such copies are to be treated for all purposes as being in substitution for the relevant originals and the originals are then to be retained by the Court in a sealed envelope marked “Not to be opened without permission of a Judge”.

(d) A non-party may not inspect or obtain a copy of any document from the Court file without the permission of a High Court Judge. Any application for such permission must be made on at least 3 days’ written notice to the Claimant.

(e) A non-party may not obtain a copy of any statement of case or other document from the court file unless it has been anonymised in accordance with this paragraph.

(f) Reporting restrictions apply as to the disclosing of any information that identifies or may lead to the identification of the Claimant.

5. …

6. Each party and any non-party affected by para 4 of this Order has liberty to apply on 7 days’ written notice to the Court and to the parties to vary paragraph 4 of this Order.

Reasons:

(1) …

(2) …

(3) In relation to the anonymity order, I am satisfied that the publication of the Claimant’s name in connection with the proceedings would constitute an interference with the Claimant’s right to respect for his private life under Article 8 ECHR in light of the nature of the issues in the claim. There is no sufficient general public interest that outweighs the Claimant’s rights for purposes of CPR 39.2(4).

Signed: Mr Justice Murray
Date: 17 January 2020

 

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