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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: CO/2034/2023

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

5 June 2023

Before:

The Honourable Mr Justice Eyre

Between:

The King on the application of
EA

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for anonymisation and interim relief
Following consideration of the documents lodged by the Claimant.
ORDER by the Honourable Mr Justice Eyre

  1. The Claimant’s application for anonymity is granted, and pursuant to CPR Rule 5.4A-5.4D and Rule 39.2, with effect from the date of this order and until further order:
    (a) There shall be substituted for all purposes of this case, in place of references to the name of the Claimant, reference to “EA”;
    (b) There shall be no publication of any name, address, picture or other information likely to lead to the identification of the Claimant as being the Claimant in these proceedings;
    (c) In paragraph 1(b) “publication” means communication to the public or any section of the public. It includes publication in a newspaper or broadcast, or on the internet, by any person;
    (d) The Defendant, and any party served with or given notice of the anonymity order, has permission to apply to discharge or vary that order. Any application for that purpose must be made in writing, on notice to all parties;
    (e) Any application for permission to inspect or obtain a non-anonymised version of a document must be made on notice to the Claimant and in accordance with CPR r.5.4C(6).
  2. The Defendant shall file and serve such response to the application for interim relief as she wishes to make by 4.00pm on 9th June 2023.
  3. The application for interim relief shall be referred to a judge or deputy judge of the Administrative Court on 12th June 2023 or as soon thereafter as practicable.
  4. The said reference shall be made even if no response has been received from the Defendant at the time when the reference is to be made.
  5. Costs reserved.

This order has been made without a hearing. Any party affected by this order may apply within 7 days of the service of this order on that party to have it set aside, varied, or stayed.

Reasons

  1. I have had regard to the importance of the public interest in open justice but am satisfied that in the circumstances of this case it is necessary in the interests of justice for the name of the Claimant to be anonymised.
  2. The Claimant anticipates that a hearing will be needed to determine her application for interim relief and seeks a direction for such a hearing to be heard on an expedited basis. The Claimant’s personal circumstances are such that prompt consideration of the application is warranted. However, it is not appropriate to determine whether further consideration let alone an expedited hearing is warranted in the absence of a response from the Defendant. The directions I have made provide for a prompt response from the Defendant and for early consideration by the court thereafter. That consideration will include the question of the listing of any inter partes hearing if the judge determining the matter concludes that such a hearing is needed.