GV -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case Reference: CO/2512/2021

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

8 February 2023

Before:
Mr David Pievsky KC
(sitting as a Deputy High Court Judge)

In the matter of an application for judicial review

Between:
THE KING on the application of
GV (a protected party by his litigation friend, the Official Solicitor)
-v-
Secretary of State for the Home Department

Anonymity Order

UPON an application by the Claimant for permission to amend the Statement of Facts and Grounds

ORDER by Mr David Pievsky KC (sitting as a Deputy High Court Judge)

  1. The Claimant has permission to amend the Statement of Facts and Grounds by substitution. The Statement of Facts and Grounds dated 20 July 2021 shall be substituted by the Amended Statement of Facts and Grounds dated 1 February 2023. The Claimant has permission for those Amended Facts and Grounds to exceed the 40 page limit which is set out in PD 54A paragraph 4.2(3).
  2. The Defendant has permission to amend the Summary Grounds of Defence dated 10 August 2021 if so advised, within 21 days.
  3. The identity of the Claimant in these proceedings is protected and shall not be published. Pursuant to CPR 39.2(4), there shall not be disclosed in any report of these proceedings or other publication (by whatever medium) in relation to these proceedings the name or address of the Claimant or of any other matters that would be likely to lead to the identification of the Claimant.
  4. In any report of these proceedings or other publication relating to these proceedings the Claimant shall be referred to as “GV” and any matters that could lead to the identification of the Claimant shall be redacted.
  5. Pursuant to CPR 5.4C:
    a. A person who is not a party to the proceedings may obtain a copy of a claim form, judgment or order from the Court records only if the same has been anonymised and redacted I accordance with paragraphs 3 and 4 of this Order.
    b. If a person who is not a party to the proceedings applies for permission to obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimant’s solicitor.
  1. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or revoke paragraphs 3-5 of this Order, providing that any such Order is made on notice to the Claimant’s solicitor and that 7 days’ prior notice of the intention to make such an application is given.
  2. Costs reserved.

Reasons

  1. The application to amend the SFGs is not opposed, save as to an objection about the undue length of the proposed Amended SFGs. I note that the Amended SFGs are in excess of the page limit set out in PD 54A paragraph 4.2(3). However, in the circumstances of this complex claim that does not seem to me to be a good reason for refusing the application, or requiring the Claimant to amend the SFGs once again. The amendments will permit the real issues in the case to be ventilated on more up to date information. I grant permission, to the extent necessary, for the Amended SFGs to exceed 40 pages.
  2. There is an outstanding application for anonymity. The Claimant is for obvious reasons vulnerable and I note the Official Solicitor‘s concerns as mentioned in the application notice. I grant the application in the terms sought.

Signed David Pievsky KC Date: 8 February 2022