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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2025-LON-1954

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

7 January 2026

Before:

The Honourable Mr Justice Swift

Between:

THE KING on the application of
CFH

-v-

Secretary of State for Defence

Order

On consideration by the Court of (a) the Claimant’s application for anonymity; (b) the Claimant’s applications of 1 August 2025 and 27 August 2025 for permission to amend his Statement of Facts and Grounds; (c) the Defendant’s application of 15 September 2025 for an extension of time to file and serve his Summary Grounds of Defence; (d) the Claimant’s application of 5 November 2025 for permission to rely on a Reply; and (e) the Defendant’s application of 15 December 2025 under sections 6 and 8 of the Justice and Security Act 2013.

And on consideration by the Court of the Claimant’s application for permission to apply for judicial review.

ORDER by The Honourable Mr Justice Swift

Anonymity
1. Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction and/or s. 6 of the Human Rights Act 1998:
(i) the Claimant’s name and the names of the Interested Parties shall be withheld from the public and must not be disclosed in any proceedings in public; and
(ii) the Claimant is to be referred to orally and in writing as CFH.

2. 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 his identification as a party to these proceedings in any report of, or otherwise in connection with, these proceedings.

3. Pursuant to CPR 5.4C(4):
(iii) 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; (iv) 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;
(v) unless the Court grants permission under CPR 5.4C(6), no non party many obtain a copy of any unredacted statement of case.

4. Any person wishing to vary or discharge paragraphs 1 – 3 of this Order must make an application, served on each party.

Applications for permission to file and serve pleadings

5. The Defendant’s application for an extension of time to file and serve Summary Grounds of Defence is allowed.

6. The Claimant’s application for permission to file and serve a reply is allowed.

Application for permission to apply for judicial review, and other remaining applications

7. The following applications are adjourned and will be listed for hearing in court, on notice to the Defendant and the Special Advocates, as soon as possible after 2 February 2026
(a) the applications for permission to amend the Statement of Facts and Grounds;
(b) the application for permission to apply for judicial review
(c) the applications under sections 6 and 8 of the Justice and Security Act 2013

8. The time estimate for the hearing is ½ day. The parties are to provide a written estimate within 7 days of service of this Order if they disagree with this estimate.

9. The Claimant must file and serve a Skeleton Argument not less than 7 days before the date of the hearing.

10. The Special Advocates shall file and serve on the Defendant any closed skeleton argument relied on in response to the applications under section 6 and 8 of the Justice and Security Act 2013, not less than 7 days before the date of the hearing.

11. The Defendant must (a) file and serve his open Skeleton Argument; and (b) file and serve on the Special Advocates any closed Skeleton Argument, not less than 3 days before the date of the hearing.

    Reasons

    1. The claim concerns a decision under the ARAP scheme. It was issued in June 2025 and at that time was directed (primarily) to the Defendant’s failure to provide a decision on an application for review of a decision refusing the Claimant’s request for assistance under ARAP. Since then, the decision on the review application has been provided, and since then the Defendants Afghan data breach has also become public knowledge. These two matters have prompted applications to amend the Statement of Facts and Grounds. Various other interlocutory applications have also been made.
    2. The directions above (a) deal with such of the interlocutory applications as are (or ought to be) uncontentious; and (b) set the steps necessary for a hearing to decide the applications to amend, the Defendant’s applications for a closed material procedure, and the Claimant’s application for permission to apply for judicial review. It will be efficient to deal with all these matters together at a hearing.