Claim number: CO/1205/2023
In the High Court of Justice
King’s Bench Division
11 April 2023
The Honourable Mr Justice Johnson
The King on the application of
Secretary of State for the Home Department
On an application by the claimants for anonymity and for interim relief
Following consideration of the documents lodged by the claimants
ORDER by the Honourable Mr Justice Johnson
- Until further order:
(1) the first and second claimants shall be referred to in these proceedings as F and T respectively, and
(2) Pursuant to CPR rule 39.2(4) there shall not be disclosed in any report of the proceedings the name of either of the claimants or any details leading to the identification of either of the claimants.
(3) Pursuant to CPR rule 5.4C a person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the court records only if the statement of case, judgment or order has been anonymised such that: (a) the claimants are referred to in those documents only as F and T; and (b) that any reference to the names of the claimants be deleted from those documents.
- Paragraph 1 of this order shall be re-considered at the hearing listed in accordance with paragraph 3 below.
- The claimants’ application for interim relief shall be listed for hearing on or after 26 April 2023 with a time estimate of 1½ hours. The parties shall file skeleton arguments and a hearing bundle at least 1 clear working day before the hearing.
- The defendant shall, by 4pm on 21 April provide to the claimants the following further information which has been sought by the claimants:
(1) Details of the steps that have been taking by the defendant’s accommodation provider to find suitable accommodation;
(2) The affordability criteria that have been applied;
(3) Whether consideration has been given to relaxing the affordability criteria and, if so, the outcome of that consideration (or, if not, why not).
- Either party may apply on notice to set aside or vary this order.
- Any person affected by paragraph 1 of this order may apply on notice to set it aside or vary it.
- Costs reserved.
I have granted anonymity to hold the ring until the application can be heard.
The matter is not so urgent that the application for interim relief has to determined on the papers. Further, given the nature of the relief sought, and the absence of the information identified at paragraph 4 of the order, I have made directions for the listing of a hearing to determine the application.
I do not consider it would be just to determine the application without giving both parties an opportunity to be heard.