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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON-002920

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

18 December 2025

Before:

The Honourable Mr Justice Calver

Between:

The King
on the application of
CHD
(anonymity direction granted)

-v-

Secretary of State for Defence

Order

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

Following consideration of the documents lodged by the Claimant

ORDER BY THE HONOURABLE MR JUSTICE CALVER

  1. Anonymity:

a. Under the Court’s inherent jurisdiction and pursuant to s. 6 of the Human Rights Act 1998:

i. the Claimant’s name is to 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 CHD.

b. 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 the identification of him in any report of, or otherwise in connection with, these proceedings.  

c. Pursuant to CPR 5.4C(4):

i. the parties must within 7 days file and serve a redacted copy of any statement of case already filed, omitting the name, address and any other information likely to lead to the identification of the Claimant;

ii. 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 and must then be served with the unredacted version;

iii. unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case.

d. Any person wishing to vary or discharge this Order must make an application, served on each party.

  1. Rolled-up hearing: The application for permission to apply for judicial review is adjourned to be listed as a “rolled-up” hearing. If permission is granted, the court will proceed immediately to determine the claim.
  2. Expedition: The rolled up hearing is to be listed no later than 6 March 2026.with a time estimate of 1 day in conjunction with clerks for counsel for the Claimants, Defendant, and Special Advocate (if appropriate). If either party considers that this time estimate should be varied, they must inform the court as soon as possible.
  3. CPR 2.11 (variation of timetable by written agreement between the parties) does not apply.  

Case management

  1. The Claimant is granted permission to rely on his Supplementary Statement of Facts and Grounds and is granted an extension of time to challenge the ARR decision of 5 June 2025.
  2. The Defendant’s application is granted for an abridgment of time under CPR 82.21(1) from 14 days to 7 days for service of written notice on the court and other parties of his application under sections 6 and 8 Justice and Security Act 2013 (the section 6 application).
  3. In respect of the section 6 application, by 4pm on 31 December 2025, in accordance with CPR, r.82.13(2), the Defendant must file and serve upon Special Advocate the sensitive material to which any such closed material application relates, as well as the statement required by CPR, r.82.13(2)(b).
  4. By 4pm on 12 January 2026 the Special Advocate shall give notice to the Court and to the parties as to whether or not they challenge the application.

    If no challenge to closed material application
  5. If the closed material application is not challenged by the Special Advocate, then:

(1) the Defendant’s closed material application is granted and the Defendant has permission to withhold from the Claimant the sensitive material that is the subject of the closed material application.

(2) By 4pm on 19 January 2026 the Special Advocate is to serve any proposed CLOSED Grounds for Judicial Review.

(3) By 4pm on 26 January 2026 the Defendant, if so advised, is to serve OPEN and CLOSED Detailed Grounds for contesting the judicial review application and any further OPEN or CLOSED evidence. The requirement for CLOSED Summary Grounds is dispensed with.

If a challenge to closed material application

  1. If the closed material application is challenged by Special Advocate, then:

(1) At the same time as giving notice to the Court and the parties that they challenge the closed material application, the Special Advocate shall serve on the Defendant their objections to the closed material application identifying the sensitive material which is the subject of each objection.

(2) By 4pm on 19 January 2026, the Special Advocate and counsel for the Defendant should meet for the purposes of seeking to narrow the scope of the issues and agreeing a Scott Schedule of remaining issues.

(3) A CLOSED hearing (“the disclosure hearing”) to determine the closed material application, the matters in r.82.14(7)-(10), and to give directions, is to be listed on the first available date after 26 January 2026, with a time estimate of 1 hour. The disclosure hearing shall be vacated if it is not required.

(4) If the disclosure hearing is required, the Special Advocates and parties shall file and serve an agreed Scott Schedule and any further written submissions 2 days before the disclosure hearing.

Directions for the rolled up hearing

(5) The Defendant must, within 28 days of the date of service of this Order, file and serve (i) Detailed Grounds for contesting the claim or supporting it on additional grounds and (ii) any written evidence to be relied on.(6) The Defendant may comply with sub-paragraph (5) above by filing and serving a document which states that its Summary Grounds are to stand as the Detailed Grounds required by CPR 54.14.

(7) Any application by the Claimant to serve evidence in reply must be filed and served, together with a copy of that evidence, within 14 days of the date on which the Defendant serves evidence pursuant to (b) above.  

(8) By 4pm 14 days before the rolled up hearing, the Claimant shall serve an OPEN skeleton argument.

(9) By 4pm 10 days before the rolled up hearing, the Special Advocate is to serve, if appropriate, a CLOSED skeleton argument.

(10) By 4pm 7 days before the rolled up hearing, the Defendant is to serve OPEN and CLOSED skeleton arguments.

(11) The parties shall agree the contents of the OPEN trial bundle and an authorities bundle, and the Defendant and the Special Advocate is to agree the contents of the CLOSED trial bundle.

(12) By 4 pm 7 days before the rolled up hearing, the Claimant is to file and serve an electronic version of the agreed OPEN trial bundle and of the agreed authorities bundle prepared in accordance with the Guidance on the Administrative Court website. The Claimant is also to prepare and file 2 hard- copy versions of the OPEN trial and authorities bundles.

(13) By 4 pm 7 days before the rolled up hearing, the Defendant shall file and serve the agreed CLOSED trial bundle in hard copy (two sets for the court).

Other directions

(14) There be liberty to apply to vary the terms of this Order.

(15) Costs are reserved.

Signed: MR JUSTICE CALVER
Date: 18 December
2025