FAL -v- Secretary of State for Defence (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2024-LON-004537

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

In the matter of an application for judicial review

18 December 2025

Before:

The Hon. Ms Justice Norton

Between:

The King
on the application of
FAL
(Claimant)

-v-

Secretary of State for Defence
(Defendant)

and

Secretary of State for the Home Department
(First Interested Party)

and

FRM; FNR; FNW; FLD; FAV; FGT; FRN; FLX; FEL
(Additional Interested Parties)

Order

On an application by the Claimant for urgent consideration and directions

Following consideration of the documents lodged by the Claimant

ORDER BY THE HON. MS JUSTICE NORTON

  1. Anonymity:

(a) Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction and/or s. 6 of the Human Rights Act 1998:

(i) the Claimant’s name and those of his wife and children as interested parties, are to be withheld from the public and must not be disclosed in any proceedings in public; and

(ii) the Claimant is to be referred to orally and in writing as FAL

(iii) the additional (2nd to 10th) interested parties are to be referred to orally and in writing as: FRM; FNR; FNW; FLD; FAV; FGT; FRN; FLX; and FEL

(b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or of the interested parties or of any matter likely to lead to the identification of the Claimant or interested parties in any report of, or otherwise in connection with, these proceedings.

(c) Pursuant to CPR 5.4C(4):

(i) the parties must within 7 days file a redacted copy of any statement of case filed, omitting the name, address and any other information likely to lead to the identification of the Claimant;

(b) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant, a redacted copy omitting that information must be filed at the same time;

(c) unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case.

(d) Any person wishing to vary or discharge this Order must make an application, served on each party.

  1. Abridgement of time and expedition:

(a) The Defendant’s Acknowledgement of Service and Summary Grounds of Defence (CPR 54.8); and a statement whether the Defendant intends to apply for a Closed Material Procedure under s.6 of the Justice and Security Act 2013, must be filed and served by 4pm on 2 January 2026.

(b) The First Interested Party’s Acknowledgment of Service (CPR 54.8) must be filed and served by 4pm on 2 January 2026.

(c) Any Reply from the Claimant (CPR 54.8A) must be filed and served by 4pm on 5 January 2026;

(d) The papers are to be referred to a High Court Judge nominated by the Judge in Charge of the Administrative Court in w/c 12 Jan 2026 for further directions.

  1. Variation:

    The parties shall have liberty to apply to vary the terms of paragraph 2 (a)-(c) on giving 48 hours notice in writing.
  2. Costs: Reserved

REASONS

(1) Anonymity:

There is evidence to suggest that naming the Claimant and/or members of his family will increase risks to their personal safety. I am satisfied on the evidence that I have seen that anonymity is necessary in order to protect the Claimant and his family, and that there are accordingly compelling reasons for the limited derogations from the principle of open justice.

(2) Abridgement of time/expedition:

The Claimant first made an application for eligibility under ARAP in 2022, which was rejected in April 2024. That decision was subsequently withdrawn, but following a review was upheld in February 2025. The February 2025 decision was the subject of Judicial Review proceedings in October 2025 as a result of which the claim was granted, the February 2025 decision was quashed and a direction was made for the reconsideration of the Claimant’s ARAP decision. On 29 October 2025, the Defendant again rejected the Claimant’s application. The Claimant’s representatives complied with the PAP on 21 November 2025 requesting a reply to their Letter before Action by 5 December 2025. The Defendants responded requesting an extension of time to 12 December. The Claimant did not agree to this request. In any event, no response has been received from the Defendant.
Given the history of the proceedings and length of time taken, the fact that the Claimant and his family have been and remain in hiding through fear for their safety throughout this time, and the failure of the Defendant to respond to the Claimant’s Letter before Action, I am satisfied that it is necessary for an abridgment of time and for proceedings to continue expeditiously as set out in paragraph 2 of the Order.

Signed: MS JUSTICE NORTON
Date: 18 December 2025