November 21, 2022

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

Administrative Court High Court King's Bench Division Anonymity Order

Claim No: CO/3889/2022

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

21 November 2022

Before:
The Honourable Mrs Justice Steyn DBE

In The Matter of an Application for Permission to Bring a Claim for Judicial Review

Between:
The King (On the Application of
“CC” (Known As “Christian Craighead”)
-v-
Secretary of State for Defence

ORDER FOR DIRECTIONS BY CONSENT

UPON reading the Claim Form and the Defendant’s Application Notice in support of this application.

AND UPON consideration of the Convention rights conferred by ECHR, arts 2-3 and 8-10 and the model Order in Court Form PF10, “Anonymity and prohibition of publication order”.

AND UPON theCourt being satisfied that an order pursuant to the Human Rights Act 1998, s.6, ECHR, arts 2-3 and 8 and CPR, Parts 5.4C(4) and 39.2(4) in the terms below is necessary to protect the interests of the Claimant and there being no countervailing public interest in disclosure.

AND PURSUANT TO the Human Rights Act 1998, s.6, Contempt of Court Act 1981, s.11 and CPR, Parts 5.4C(4) and 39.2(4).

WHEREAS for the purposes of this Order “publication” includes:

(i) any speech, writing, broadcast or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public; and

(ii) any further publication (as defined in sub-paragraph (i) above) from the date of this Order, even if such information is derived from a previous stage or stages of these proceedings.

IT IS ORDERED THAT:

The name of the Defendant shall be amended from “Ministry of Defence” to “Secretary of State for Defence”.

AND IT IS ORDERED BY CONSENT THAT:

Duration, effect and review of this Order

(1) This Order shall remain in force until further Order and shall, in any event, be reviewed by the Court if it gives the Claimant permission to bring a Claim for judicial review.

(2) Any person may apply to the Court to vary or set aside this Order on no less than three clear working days written notice to the parties.

Anonymity

(3) Pursuant to CPR, Part 39.2(4):

(a) the identity of the Claimant as a party to these proceedings is protected and shall not be published; and

(b) the name or address of the Claimant or any information which directly or indirectly identifies him as a party to these proceedings shall not be disclosed in any order made or judgment given in or report of these proceedings.

(4) The Claimant shall be referred to as “Christian Craighead” and/or “CC” and not by his real name or initials in:

(a) any order made or judgment given in or report of these proceedings;

(b) any other publication (by whatever medium) in relation thereto; or

(5) The Claimant shall re-file and re-serve an anonymised copy of the claim form, statement of facts and grounds and supporting evidence redacted and annotated in accordance with paragraph (4) above for use in these proceedings.

(6) Pursuant to CPR, Part 39.2(5) and the “Practice Guidance (Sen Cts: Privacy and Anonymity Orders: Publication)” issued by the Master of the Rolls dated 16 April 2019 [2019] 1 WLR 3082, a copy of this Order shall be published on the website of the Judiciary of England and Wales (which may be found at www.judiciary.uk) and, for that purpose, an officer of the Court will send a copy of this Order by email to the Judicial Office at judicialwebupdates@judiciary.uk.

(7) The Defendant has permission to withhold from any statement of case, written evidence or submissions or other document filed or served in these proceedings the real name and/or initials of any other serving or former member of the United Kingdom Special Forces Group who is identified or identifiable, and has not been publicly avowed, as such and to substitute a pseudonym or cipher in place of any name or initials thereby withheld.

Transfer to London

(8) These proceedings shall be re-assigned and transferred to the central Administrative Court Office at the Royal Courts of Justice in London.

The Court file

(9) Pursuant to CPR, Parts 5.4C(4):

(a) the provisions of CPR, Part 5 dealing with access to and the supply of documents from the Court records shall not apply in respect of the records of the Court in these proceedings (“the Court file”);

(b) the Court file shall be clearly marked to indicate the making of this Order and kept securely at all times in the custody of the Court Service at the Royal Courts of Justice and shall not be searched or inspected by anyone (other than an official of the Court acting in the exercise of his or her duties as such) without the permission of the Court; and

(c) any person who is not a party to these proceedings may apply for permission to search or inspect or obtain a copy of any document in the Court file on no less than three clear working days written notice to the parties.

Handling of information

(10) Subject to paragraph (11) below and/or any further grant of express prior authority in writing by the Defendant, the Claimant has permission to disclose to his Solicitors or Counsel or the Court any information, document or other article relating to the work of, or in support of, the United Kingdom Special Forces Group which is or has been in his possession by virtue of his position as a member of that Group and to make to his Solicitors or Counsel or the Court any statement which purports to be a disclosure of such information or which is intended to be taken, or might reasonably be taken, as being such a disclosure.

(11) The Claimant has permission to do the acts referred to in paragraph (10) above only if and to the extent that:

(a) each such act is reasonably necessary for the purposes of taking legal advice upon or of conducting these proceedings;

(b) the Claimant first instructs his Solicitors and Counsel not to publish or disclose to any other person any information, statement, document or other article falling within paragraph (10) above; and

(c) the Claimant, his Solicitors and Counsel ensure that (i) any information, statement, document or other article falling within paragraph (10) above, (ii) any statement of case, written evidence or submissions or other document filed or served in these proceedings and (iii) any document containing or recording any such information or statement or any copy or part thereof or extract therefrom is kept confidential as between the parties and the Court and is accessed, preserved, processed, retained, saved, stored and transmitted securely by each of them at all times.

Amendments to pleadings

(12) The Claimant has permission to amend his Statement of Facts and Grounds.

(13) The Claimant shall, by 4pm on the 2 December 2022, file and serve an Amended Statement of Facts and Grounds.

(14) The Defendant shall file, by 4pm on 16 December 2022, file and serve his Summary Grounds of Defence.

Miscellaneous

(15) No order on the Claimant’s application notice dated 21 October 2022.

(16) Costs in the case.

DATED: 21 NOVEMBER 2022