FP -v- Secretary of State for the Home Department (anonymity order)
Case No: CO/2735/2022
In the High Court of Justice
Queen’s Bench Division
Administrative Court
1 August 2022
Before:
The Honourable Mr Justice Choudhury
Between:
The Queen on the application of FP
-v-
Secretary of State for the Home Department
Before the Honourable Mr Justice Choudhury
UPON reading the N461, the Statement of Facts and Grounds for Judicial Review, the N463 and the Claimant’s Submission in support of the Application for Interim Relief in this action
It is hereby ordered:
1. The Claimant’s application for an anonymity order is granted under CPR r. 39.2(4) and/or the general case management powers in CPR r. 3.1(2). The Claimant in this action shall have anonymity until further order. No report or publication of these proceedings shall directly or indirectly identify the Claimant. Pursuant to CPR r.5.4(c), a person not a party to the proceedings may obtain a copy of the statement of case, judgment or order of the court records, only if the statement of case, judgment or order from the court has been anonymised. In the case title, the Claimant’s name shall be replaced by the initials ‘FP’. Failure to comply with this direction could lead to contempt of Court proceedings.
2. The Defendant shall file and serve any submissions in response to the Claimant’s application for urgent interim relief, and any evidence relied on in support of the Defendant’s response by 4.00pm on 8 August 2022.
3. The Claimant’s application for urgent interim relief shall be placed before a Judge for determination on the papers on or before 12 August 2022.
4. The parties shall have liberty to apply to vary the terms of this order on giving at least 48 hours’ written notice to the other party.
5. Costs reserved.
Reasons
1. The grant of anonymity, which represents here a minor incursion into the principle of open justice, is appropriate given that the case concerns the Claimant’s private and family life, her health and that of her family, including two young children.
2. The interim relief application should only be considered once the Defendant has had an opportunity to respond. I do not consider it necessary in the circumstances for the timetable to be as truncated as suggested in the draft. Whilst the Claimant’s present circumstances are undoubtedly uncomfortable, a slightly extended timetable allowing the Defendant 7 days to respond and for the matter to be determined by 12 August, is unlikely to result in undue additional hardship.