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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-001581

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

13 November 2024

Before:

The Honourable Mrs Justice Farbey

Between:

The King on the application of
HDA

-v-

Secretary of State for Defence

Order

UPON considering the documents lodged by the Claimant and the Acknowledgement of Service filed by the Defendant

ORDER by the Honourable Mrs Justice Farbey

  1. The Claimant’s application for expedition is granted to the extent that the Court makes the following directions.
  2. The applications for (i) permission to apply for judicial review and (ii) disclosure are adjourned and will be listed for hearing on an expedited basis before a High Court Judge, on notice to the Defendant, on 28 November 2024 with a time estimate of 1 ½ hours.
  3. The parties are to provide a written estimate within 7 days of service of this Order if they disagree with the time estimate above.
  4. The Claimant must file and serve a Skeleton Argument not less than 7 days before the date of the hearing.
  5. The Defendant must file and serve a Skeleton Argument not less than 3 days before the date of the hearing.
  6. Each Skeleton Argument must deal with both the permission and the disclosure applications.

Observations

1. In light of the way in which the Claim has unfolded, with little scope for pre-claim resolution of issues, the Court would be assisted by oral submissions.

2. Each party is invited to deal with the threat letter (Amended Bundle pp. 130-131) in their Skeleton Argument in relation both to disclosure and permission.

3. Case NOT suitable for hearing by a Deputy High Court Judge.

Order

On an application by the Claimant for anonymity

UPON CONSIDERING the documents lodged by the Claimant and the Defendant

AND UPON the Defendant confirming that he does not oppose the Claimant’s application for anonymity

ORDER by the Honourable Mrs Justice Farbey

UPON it appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant’s family members’ private lives, pursuant to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4C of the Civil Procedure Rules

IT IS ORDERED
i. The Claimant shall hereinafter be referred to in these proceedings as HDA.
ii. 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 of his family members or any details leading to the identification of the Claimant or any of his family members and the Claimant, if referred to, shall only be referred to as HDA.
iii. 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 HDA; and (b) any reference to the name of the Claimant and any of his family members be deleted from those documents.
iv. Any person affected by this Order may apply on notice to all parties to have this Order set aside or varied.

Pursuant to CPR 39.2(5), a copy of this order shall be published on the website of the Judiciary of England and Wales (which may be found at www.judiciary.uk).