COT -v- Derby City Council (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Case number: AC-2025-BHM-000315
In the High Court of Justice
King’s Bench Division
Administrative Court
In the matter of an application for judicial review
17 October 2025
Before:
His Honour Judge Rawlings
Between:
The King
on the application of
COT
-v-
Derby City Council
Order
On an application by the Claimant for an order providing for his anonymity, dispensing with the need for a litigation friend and for expedition of the Claim
Following consideration of the documents lodged by the Claimant
ORDER BY HIS HONOUR JUDGE RAWLINGS
- Anonymity:
(a) 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 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 COT.
(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 the Claimant 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 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;
(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;
(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.
- Litigation Friend
The need for a litigation friend to represent the Claimant is dispensed with. - Abridgement of time and expedition:
(a) Any Reply from the Claimant (CPR 54.8A) must be filed and served within 7 days of the Defendant acknowledging service.
(b) The papers are to be referred to a judge as soon as reasonably practicable thereafter.
REASONS
(1) Anonymity: The Claimant is an asylum seeker. There is evidence that naming the Claimant and/or members of his family will increase the risk they would face if returned to their country of origin. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.
(2) Litigation Friend: Even on Claimant’s case he is nearly an adult and is represented by solicitors and counsel. It is appropriate for those reasons to dispense with the need for the appointment of a litigation friend.
(3) Abridgement of time/expedition: Consideration of the claim is not sufficiently urgent to justify curtailing the Defendant’s time for acknowledging service, but sufficiently urgent to provide for permission and interim relief to be considered as soon as reasonably practicable after the Defendant has acknowledged service.
Signed: His Honour Judge Rawlings
Date: 16/10/25