HM -v- Secretary of State for Defence and another (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-001048

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

27 March 2024

Before:

The Honourable Mrs Justice Lang DBE

Between:

The King on the application of
HM

-v-

Secretary of State for Defence

Secretary of State for Foreign, Commonwealth and Development Affairs

Order

On the Claimant’s application for urgent consideration, expedition, anonymity orders, interim relief and directions;

Following consideration of the documents lodged by the Claimant;

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 Claimant, nor any other particulars likely to lead to his identification. In the proceedings, the Claimant shall be anonymised and referred to as “HM”.
  2. No later than 12 April 2024, the Claimant’s solicitors shall file with the Court copies of case documents which have been anonymised and/or redacted to protect the identity of the Claimant, 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 Claimant, in accordance with paragraph 1 above.
  4. The claim shall be expedited.
  5. No later than 12 April 2024, the Defendants shall file and serve their Acknowledgment of Service, and Summary Grounds of Resistance, together with a response to the application for interim relief.
  6. The Claimant may, if so advised, file and serve a Reply within 7 days of service of the Defendants’ documents pursuant to paragraph 5 above.
  7. No later than 12 April 2024, the Defendant shall, if so advised, apply for a Closed Material Procedure under section 6 of the Justice and Security Act 2013.
  8. The applications for permission and for interim relief shall be determined at an oral hearing, on a date to be fixed, having regard to the availability of counsel, as soon as reasonably possible after 24 April 2024. Time estimate: 2½ hours.
  9. The Claimant shall file a skeleton argument no later than 14 days before the hearing for permission and interim relief.
  10. The Defendant shall file a skeleton argument no later than 7 days before the hearing for permission and interim relief.
  11. The Claimant must file and serve an agreed authorities bundle, not less than 5 days before the date of the hearing. The electronic version of the bundle shall be prepared by the Claimant in accordance with the Guidance on the Administrative Court website. The Claimant must also lodge a hard-copy version of the authorities bundle at the Administrative Court Office, not less than 5 days before the date of the hearing.
  12. Liberty to apply to vary or discharge this order on 2 days notice to the other party.
  13. Costs reserved.

Reasons

  1. I have granted an anonymity order as the Claimant is at grave risk of harm from the Taliban. In the circumstances, a departure from the general principle of open justice is justified.
  2. The claim is clearly urgent, for the reasons given by the Claimant, and accordingly I have directed expedition and abridged time.
  3. The Claimant’s proposed timetable did not allow sufficient time for the Defendants and the Court to take the required steps. Furthermore, working days will be lost over the Easter holiday period. I have adjusted the timetable accordingly.
  4. Any application to rely upon a confidentiality ring should be made as soon as possible.