EX -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2024-LON-001664
In the High Court of Justice
King’s Bench Division
Administrative Court
16 May 2024
Before:
The Honourable Mrs Justice Lang DBE
Between:
The King on the application of
EX
-v-
Secretary of State for the Home Department
Order
On the Claimant’s application for urgent consideration, an anonymity order, directions and interim relief;
Following consideration of the documents lodged by the Claimant;
Order by the Honourable Mrs Justice Lang DBE
1. Pursuant to CPR r.39.2, in any report of these proceedings, there shall be no publication of the name and address of the Claimant, nor any other particulars likely to lead to their identification. In the proceedings, the Claimant shall be anonymised and referred to as “EX”.
2. No later than 7 days from the date of this order, the Claimant’s solicitors shall file with the Court copies of case documents which have been anonymised and/or redacted to protect the identity of the Claimant, in accordance with paragraph 1 above.
3. Non-parties may not obtain any documents from the court file which have not been anonymised and/or redacted to protect the identity of the Claimant, in accordance with paragraph 1 above.
4. The Defendant do file and serve an Acknowledgment of Service and Summary Grounds of Defence, together with a response to the application for interim relief, no later than 24 May 2024.
5. The Claimant shall file and serve a Reply no later than 3 working days from the date of service of the Defendant’s documents, pursuant to paragraph 4 above.
6. The application for interim relief shall be considered by a Judge on the papers no later than 10 days after the date on which the Reply is filed.
7. Liberty to apply to vary or discharge this order on 2 days notice to the other party.
8. Costs reserved.
Reasons
1. The Claimant challenges the Defendant’s failure to provide adequate subsistence payments, a failure to provide a suitable cot for the baby, and a refusal to disperse the family to suitable accommodation, pursuant to section 95 of the Immigration and Asylum Act 1999.
2. I accept that the matter requires urgent consideration. However, I consider that the Claimant’s proposed timetable is unrealistically short. It is important that the Defendant provides a full pleaded response, and that the Claimant has an opportunity to respond to any contentious matters raised by the Defendant, before the matter is considered by a Judge.
3. I have granted an anonymity order, to protect the identity of the child.