EPX and PGH -v- Secretary of State for Defence (anonymity order)

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2024-LON-003068

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

In the matter of a proposed application for judicial review

20 September 2024

Before:

the Honourable Mrs Justice Lang DBE

Between:

(1) EPX
(2) PGH (Proposed Claimants)

-v-

Secretary of State for Defence (Proposed Defendant)

Order

UPON the Proposed Claimants’ application, dated 12 September 2024, for an anonymity order for the Proposed Claimants prior to issue of their claim for judicial review against the Proposed Defendant, within 21 days from the date of service of this order;

AND UPON consideration of the documents lodged by the Proposed Claimants;

Order by the Honourable Mrs Justice Lang DBE

  1. Pursuant to section 1 of the Sexual Offences (Amendment) Act 1992 and CPR 39.2, in any report of these proceedings, there shall be no publication of the name and address of the Proposed Claimants, nor any other particulars likely to lead to their identification. In the proceedings, the First Proposed Claimant shall be anonymised and referred to as “EPX” and the Second Proposed Claimant shall be anonymised and referred to as “PGH”.

  2. The Proposed Claimants are granted permission to file and serve a claim form and any other case documents which have been anonymised and/or redacted to protect the identity of the Proposed Claimants, in accordance with paragraph 1 above.

  3. For the avoidance of doubt, the requirement in CPR 16.2(1)(e) and PD 16 paragraphs 2.1, 2.3 and 2.4(1), to include the Proposed Claimants’ names and addresses in the claim form, is dispensed with.

  4. Pursuant to CPR 5.4C(4) and 5.4D(2), any person who is not a party to these proceedings may not inspect or obtain a copy of any document (including a statement of case, order or judgment) from or in the Court records in these proceedings (“the Court file”) unless any reference to either Proposed Claimant is anonymised and/or redacted in accordance with the terms of this Order.

  5. Any person who is not a party to these proceedings who wishes to inspect or obtain a copy of any document in the Court file which is not so anonymised may apply to the Court for permission to do so on no less than five clear working days written notice to the parties.

  6. Pursuant to CPR 39.2(5), a copy of this order shall be published on the website of the Judiciary of England and Wales.

  7. Liberty to apply to vary or discharge this order on 5 days notice to the other parties.

  8. Costs in the case.

Reasons

1. Within the next 21 days, the Proposed Claimants intend to file a claim for judicial review challenging the Proposed Defendant’s policy which prevents service personnel from communicating with Parliament and the media unless they first have the consent of the Proposed Defendant.

2. The Proposed Claimants claim to be victims of sexual abuse and therefore have a right to anonymity under the Sexual Offences (Amendment) Act 1992. If their identities were to be revealed in these proceedings, there is a real risk of very negative consequences for their personal lives, including their mental well-being, and their professional lives. The Proposed Defendant does not object to the anonymity orders. I am satisfied that a departure from the general principle of open justice is justified in this case.

3. I consider that the Proposed Claimants are entitled to make this application ex parte on notice, prior to the issue of the claim (see CVB v MGN Ltd [2012] EWHC 1148 (QB), per Tugendhat J. at [1]-[3], which I follow in preference to the guidance in the Kings Bench Guide (2022), paragraph 4.11, that the application should be made when the claim is issued but not before).

4. There is a separate unresolved issue between the parties as to the need for a confidentiality ring to restrict the disclosure of the Proposed Claimants’ identities within the Ministry of Defence. That will be the subject of discussions between the parties and, if necessary, an application to the Court at a later date.

Signed: Mrs Justice Lang

Dated: 20 September 2024