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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2023-LON-003383

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

15 November 2023

Before:

The Honourable Mr Justice Henshaw

Between:

The King on the application of
ER

-v-

Secretary of State for the Home Department

and

Secretary of State for Justice
(South Essex Probation Service)
(Interested party)

Order

On an application by the Claimant for interim relief and for anonymity
Following consideration of the Claimant’s n463 application for urgent consideration, detailed statement of facts and grounds and supporting witness evidence
ORDER by the Honourable Mr Justice Henshaw

  1. The Claimant’s application for interim relief (seeking release to a suitable bail address approved by the Interested Party) shall be considered at an oral hearing, on notice to the Defendant, with a time estimate of 2 hours.
  2. The Claimant shall serve a copy of this order, and of his application (save to the extent already served), on the Defendant and the Interested Party forthwith upon receipt of this order.
  3. The hearing shall be listed to take place on 28 November 2023 before a full-time High Court judge.
  4. The Defendant and Interested Party shall file and serve any evidence in response to the application by 4pm on 21 November 2023.
  5. Skeleton arguments shall be filed and served by 4pm on Friday 24 November 2023.
  6. Pursuant to CPR r. 39.2(4), the Claimant’s application for anonymity is granted. There be substituted for all purposes in this claim, in place of reference to the Claimant by name, and whether orally or in writing, reference to the letters “ER”. The Court file is to be retained by the Court and marked ‘Anonymised’. Pursuant to CPR 5.4C, a person who is not a party to these proceedings may obtain a copy of a statement of case, evidence, judgment or order from the Court records only if the statement of case, evidence, judgment or order has been anonymised such that the Claimant is referred to only as ER in those documents and any address has been removed.
  7. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. In particular, disclosure of the Claimant’s name or address is prohibited.
  8. Liberty to apply.
  9. Costs reserved to the judge hearing the interim application.

Reasons

  1. The interim relief application appears pressing, but bearing in mind the concerns that may arise from the Claimant’s criminal record and risk assessment, in combination with this mental health difficulties, it is appropriate for the application to be heard on notice after giving the Defendant a (further) opportunity to respond. In specifying the timetable and hearing date I have taken into account the evidence as a whole, including that relating to the Claimant’s present condition, and consider that the orders made strike a fair balance between the need for expedition and the need for a careful consideration of the matter with the benefit of evidence and submissions from both sides.
  2. The Claimant’s status as a person regarding whom a reasonable grounds decision has been made under the NRM justifies the limited incursion on open justice represented by the anonymity order.