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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2023-LON-002313

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

6 September 2023

Before:

The Honourable Mr Justice Martin Spencer

Between:

The King on the application of
CDB

-v-

Secretary of State for the Home Department

Order

UPON reading the claim form, the permission bundle, the Acknowledgment of Service and accompanying documents, the Application Notice dated 29 August 2023 and accompanying documents and the Defendant’s email of 5 September 2023

AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression

AND UPON IT APPEARING that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant

AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and Section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules

ORDER by the Honourable Mr Justice Martin Spencer

  1. The identity of the Claimant and her deceased daughter shall not be disclosed to any non-party. The Claimant and her daughter shall be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as CDB and JL respectively. A person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the court records only if the statement of case, judgment or order has been anonymised such that: (a) the Claimant and her daughter are referred to in those documents only by the letters “CBD” and “JL” respectively; and (b) any reference to their names has been deleted from those documents.
  2. The Claimant may amend the Claim form and Statement of Facts and Grounds and may serve a Reply to the Acknowledgement of Service in the terms attached to her application dated 29 August 2023. Further service thereof is dispensed with.
  3. The Defendant shall, by 4pm on 20 September 2023, serve an Amended Acknowledgment of Service and/or Statement of Grounds of Defence responding to the Amended Claim Form and Statement of facts and Grounds and the Reply.
  4. This matter shall thereafter be placed before a judge for consideration of permission and further directions.
  5. The application for an expedited rolled-up hearing, to be heard together with R(otao PA & Anor) v SSHD (CO/2256/2023), is refused for the reasons set out in the Observations below.
  6. Costs reserved.