September 19, 2024

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

Administrative Court High Court King's Bench Division Anonymity Order Order

Claim number: AC-2023-LON-003696

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

19 September 2024

Before:

Judge O’Connor (sitting as a Judge of the High Court)

Between:

The King on the application of
EBW

-v-

Secretary of State for the Home Department

Order on anonymity, reporting restrictions and associated protections

UPON considering the Claimant’s application for restrictions on open justice and the accompanying documents

AND PURSUANT TO CPR 39.2(4), CPR 5.4C(4), s 11 of the Contempt of Court Act
and the inherent jurisdiction of the Court, the Judge being satisfied that it is necessary to secure the proper administration of justice

IT IS ORDERED BY JUDGE O’CONNOR (SITTING AS A JUDGE OF THE HIGH
COURT) THAT:

Anonymity

The names of (a) the Claimant and (b) her son are to be withheld from the public and must not be disclosed in any proceedings in open court.
There is to be substituted for all purposes in these proceedings, and whether orally or in writing:
a. in place of references to the Claimant, references to “EBW”;
b. in place of references to the Claimant’s son, references to “QRM”.

Reporting restrictions

Until further order, there shall be no publication of the identity of the Claimant or her son, or of any matter liable to lead to their identification in connection with these proceedings. This includes the information set out in the Confidential Schedule to this order. Nothing in this order shall prevent the Claimant from serving the Confidential Schedule on any non-party.

Restrictions on access to documents on the court file

A non-party may not obtain or inspect, pursuant to CPR 5.4A-D or otherwise:
a. a copy of any statement of case or any other document filed with the Court, unless it has been produced or edited so as to comply with the requirements of paragraphs 1-2 of this order and/or any subsequent order made by the Court;
b. a copy of (i) the Confidential Schedule to the statement of Alexandra Rowe dated 11 December 2023, (ii) the confidential exhibits to that statement, or (iii) the Confidential Schedule to this order.
Any non-party wishing to obtain or inspect documents in the case must do so by making an application to the Court, to be served on both parties, on 48 hours’ notice.

Publication of the order

A copy of this order, excluding the Confidential Schedule, is to be published on the website of the Judiciary of England and Wales.

Liberty to apply

Any person wishing to apply to vary or discharge this order must make an application to the Court, served on each party.

Confidential schedule to the order on anonymity and association protections

Pursuant to paragraph 3 of the Judge O’Connor’s order signed on 19 September 2024, information the publication of which is liable to lead to the identification of the Claimant and/or her son in connection with these proceedings includes the following (and is therefore not to be published):

That the Claimant suffered injuries form an airstrike.
That she has shrapnel in her neck / close to her brain and spine, causing epilepsy and paralysis on one side of her body.
That she suffers memory loss and cognitive impairment.
That she has difficulty speaking.
That she has difficulty walking and standing and/or that she uses crutches.
That someone set fire to her tent in 2021.
That a report on her was completed by Dr David Nicholl, who examined her via Zoom.
That a neurologist has called for her to be repatriated.
That she is in her 40s and/or older than most other British women in the camps.

Consent order

UPON the Defendant having communicated his refusal of the Claimant’s application for leave to enter the UK on 29 February 2024 in accordance with the recitals of the draft Order filed by the Defendant with the Court on 18 January 2024;

AND UPON the parties_ being unable to agree to a final costs order;

IT IS ORDERED BY CONSENT THAT:

1. The Claimant has leave to withdraw this claim for judicial review.

2. The Court will determine the issues of costs following written submissions by the parties as follows:
a. Within 28 days of the service of the sealed copy of this Consent Order upon the parties, the Defendant may file with the Court, and serve on the Claimant, submissions as to what the appropriate order for costs should be.
b. Where the Defendant does not file submissions in accordance with a. above the Defendant will be ordered to pay the Claimant’s costs of the claim on the standard basis and for these to be the subject of detailed assessment if not agreed. However, if the Court considers that such an order would be wrong or unfair in all the circumstances, it shall make such other costs order as it sees fit, or it may require submissions from any party in the case within a specified time, or extend time for the service of the Defendant’s submissions.
c. Where submissions are filed and served by the Defendant, the may file and serve submissions in reply within 14 days of the service of those submissions.
d. Where no submissions are filed by the Claimant in accordance with the above, the Court will make the Order sought by the Defendant. However, if the Court considers that such an order would be wrong or unfair in all the circumstances, it shall make such other costs orders as it sees fit, or it may require submissions from any party in the case within a specified time, or extend time for the service of the Claimant’s or other party’s submissions.
e. Where submissions are filed by the Claimant, the Defendant shall have 7 days in which to file and serve a reply. If the Court thinks it necessary in the interests of justice, it may seek any further admissions from any party.
f. A party may also apply for permission within 14 days of the service of previous submissions to lodge further submissions provided it explains what new pint has arisen in those previous submissions to which it needs to reply.

There shall be a detailed assessment of the Claimant’s publicly funded costs.