CBE -v- Secretary of State for Defence (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON-001566

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

In the matter of an application for judicial review

9 January 2026

Before:

Mr Justice Johnson

Between:

The King
on the application of
CBE

-v-

Secretary of State for Defence

Order

Notification of the Judge’s Decision (CPR 54.11, 54.12)

Following consideration of the documents lodged by the claimant and the defendant

ORDER BY Mr Justice Johnson

Anonymity

  1. The claimant shall hereinafter be referred to in these proceedings as CBE (“the
    cipher”).
  2. The claimant’s name is to be withheld from the public and must not to be disclosed in any proceedings in open court.
  3. 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.
  4. 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.
  5. 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.

Permission to amend grounds of claim

  1. The claimant has permission to amend his grounds of claim, in the form dated 18 November 2025 and filed with the application notice of 18 November 2025.
  2. The defendant has permission to amend its summary grounds in response. The defendant’s amended summary grounds are to be filed and served by 4pm on 5 February 2026.
  3. This order was made without a hearing and in circumstances where the defendant indicated that it considered a hearing was necessary. The defendant may apply, on notice, to vary or set aside this order. Any such application must be made within 7 days of service of this order.
  4. Costs reserved.

REASONS

Anonymity
(1) 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 and rules 5.4C of the Civil Procedure Rules.

Permission to amend claim
(2) The amendment arises out of the new decision. To the extent that this has become a
rolling judicial review, it is a type of exceptional case where such an approach is appropriate, having regard to the nature of the underlying claim, the delays in the defendant’s decision making, the iterative nature of the defendant’s decision making, the risks faced by the claimant and the further delay that insisting on the issuing of a fresh claim would cause.

Signed: Mr Justice Johnson

Date: 9 January 2026