CX1 and others -v- Secretary of State for Defence and others (anonymity order)

Administrative CourtQueen's Bench DivisionAnonymity Order

Case No: CO/1728/2022

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

17 June 2022

Before:

Vikram Sachdeva QC sitting as a Deputy High Court Judge

Between:

The Queen on the application of
(1) CX1; (2) CX2; (3) CX3; (4) CX4; (5) CXS; (6) CX6; (7) CX7 and (8) CX8

-v-

(1) Secretary Of State For Defence, (2) Secretary Of State For The Home Department, (3) Secretary Of State For Foreign, Commonwealth and Development Affairs and (4) Secretary Of State For Digital, Culture, Media and Sport


On an application by the Claimants for expedition and anonymity and on an application by the Defendants for a further extension of time for filing and Serving their Acknowledgements of Service
Following consideration of the documents lodged by the Claimants and Defendants

ORDER by Vikram Sachdeva QC sitting as a Deputy High Court Judge

1. Pursuant to Rule 39.2(4) of the Civil Procedure Rules, the identity of the Claimants shall not be disclosed to any person who is not a party to these proceedings without permission of the Court. The Claimants shall be referred to respectively as CX1, CX2, CX3, CX4, CX5, CX6, CX7 and CX8 in these proceedings. Nothing shall be published which may reveal the names or address of the Claimants or any other details liable to lead to their identification.
2. Pursuant to Rule 5.4C of the Civil Procedure Rules, 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 completely anonymised and all references which are capable of leading to the identification of the Claimants or any one of them have been deleted or otherwise redacted from those documents.
3. These restrictions will continue until further order but they may be reviewed by the Court on application by any person who wishes to set aside or vary the order for anonymity. ANy request for reconsideration must be made in writing on not less than 14 days written notice to the parties and stating reasons in support.

4. The claim is certified fit for expedition.

5. The Defendants are granted an extension of time for the filing of their Acknowledgements or Service to 4pm 21 June 2022.

6. The application for permission is to be considered by a Judge on the papers by 4pm 28 June 2022 if possible.

7. Costs reserved.

Reasons

  1. Anonymity is justified, given the alleged risks to life.
  2. The claim is fit for expedition, given the alleged risks to life, and the lack of express opposition from the Defendants.
  3. The further extension of time sought by the Defendants is a short one, and in the circumstances, balancing the need for expedition in the determination of this claim against the desirability of the Defendants being able to make considered submissions on instruction to the court, it is appropriate to grant it.