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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/914/2023

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

13 April 2023

Before:

The Honourable Mr Justice Linden

Between:

The King on the application of
GXD

-v-

Secretary of State for the Home Department

Order

On the Claimant’s applications:
1) Dated 10 March 2023, for an anonymity order and for directions for a hearing of his application for interim relief;
2) Dated 5 April 2023, for permission to amend the Claim Form and the Statement of Facts and Grounds, and to rely on his Reply to the Defendant’s Summary Grounds of Defence.
Following consideration of the documents lodged by the Claimant and the Defendant
ORDER by the Honourable Mr Justice Linden

  1. The Claimant’s application for interim relief, the application dated 5 April 2023 and, if time allows, permission, be listed for a hearing with a time estimate of 2 hours, if possible in the week commencing 17 April 2023.
  2. Pending the hearing referred to at paragraph 1 or further order:
    a. Pursuant to CPR rule 39.2(4) there shall not be disclosed in any report of the proceedings the name or address of the Claimant or any details leading to the identification of the Claimant and the Claimant, if referred to, shall only be referred to as GXD.
    b. 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 Claimant is referred to in those documents only as GXD; and (b) that any reference to the names of the Claimant be deleted from those documents.
  3. Any person affected paragraphs 2(a) and (b) by this Order may apply on notice to all parties to have this Order set aside or varied.

Reasons

  1. The delays in dealing with the Claimant’s application dated 10 March 2023 are regrettable and things have moved on, given that the Defendant has now filed and served her Summary Grounds of Defence.
  2. I note that the Claimant has asked for 18 or 19 April 2023 for the hearing. If these dates can be accommodated, including by the Defendant, so be it. But I have given a more flexible direction in case they cannot and given that this will be the first week of term and the proposed dates are now less than a week away.
  3. It will be noted that the anonymity order above is made on an interim basis. The question of anonymity longer term can be considered in more detail at the proposed hearing.