FZ and others -v- Secretary of State for the Home Department (anonymity order)
Case No: CO/1883/2022
In the High Court of Justice
Queen’s Bench Division
Administrative Court
7 June 2022
Before:
The Honourable Mrs Justice Lang DBE
Between:
The Queen on the application of
(1) FZ
(2) FA
(3) ARZ (a child by his litigation friend and mother, FA)
(4) RZ (a child by his litigation friend and mother, FA)
(5) SZ (a child by his litigation friend and mother, FA)
(6) AMZ (a child by his litigation friend and mother, FA)
(7) BZ (a child by her litigation friend and mother, FA)
-v-
Secretary of State for the Home Department
On the Claimants’ application for directions;
Following consideration of the documents lodged by the Claimants;
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 Claimants and their litigation friend, nor any other particulars likely to lead to their identification. In the proceedings, the Claimants and the litigation friend shall be anonymised as set out in the heading to this order.
2. The Claimants’ solicitors have permission to file with the Court copies of case documents which have been anonymised and/or redacted to protect the identity of the Claimants and their litigation friend, 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 Claimants and their litigation friend, in accordance with paragraph 1 above.
4. A litigation friend has been appointed for the Third to Seventh Claimants.
5. The application for an abridgment of time for the Defendant to file her Acknowledgment of Service is refused.
6. The Claimants do have permission to file and serve a Reply to the Summary Grounds of Resistance within 7 days of service thereof.
7. The application for permission to apply for judicial review, and for expedition, will be considered by a Judge on the papers within 7 working days of the filing of the Claimants’ Reply.
8. Liberty to apply to vary or discharge this order on 2 days notice to the other party.
9. Costs reserved.
Reasons
I have granted an anonymity order. The Claimants are at risk of harm, for reasons which are not be disclosed. In the circumstances, a departure from the general principle of open justice is justified.
It is too late to make an order abridging the Defendant’s time for filing her Acknowledgment of Service to 14 days. The claim was filed on 23 May 2022 and served on 27 May 2022, so the 14 day period would expire this Friday, 10 June 2022. Realistically, any order that I make today will not be seen by the Defendant’s solicitor until the 8 June or 9 June, and I do not consider that it would be fair to give such short notice of an abridgment of time, which probably involves giving instructions to counsel. It will make little practical difference to the Claimants, given the delay which has occurred to date.
In the unusual circumstances of this case, I consider that a Reply from the Claimants will assist the Court.
Given the volume of urgent work in the Administrative Court, it is not realistic to expect the permission decision to be made within 3 days of filing the Reply. Consideration within 7 working days is an expedited timetable.