HO -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: CO/1294/2023
In the High Court of Justice
King’s Bench Division
12 April 2023
The Honourable Mr Justice Eyre
The King on the application of
Secretary of State for the Home Department
On an application by the Claimant for anonymisation and for orders as to interim relief and related matters
Following consideration of the documents lodged by the Claimant
ORDER by the Honourable Mr Justice Eyre
- The Claimant’s application for anonymity is granted, and pursuant to CPR Rule 5.4A-5.4D and Rule 39.2, with effect from the date of this order and until further order:
(a) There shall be substituted for all purposes of this case, in place of references to the name of the Claimant, reference to “HO”;
(b) There shall be no publication of any name, address, picture or other information likely to lead to the identification of the Claimant as being the Claimant in these proceedings;
(c) In paragraph 1(b) “publication” means communication to the public or any section of the public. It includes publication in a newspaper or broadcast, or on the internet, by any person;
(d) The Defendant, and any party served with or given notice of the anonymity order, has permission to apply to discharge or vary that order. Any application for that purpose must be made in writing, on notice to all parties;
(e) Any application for permission to inspect or obtain a non-anonymised version of a document must be made on notice to the Claimant and in accordance with CPR r.5.4C(6).
- Time for filing of an Acknowledgement of Service; any response to the application for interim relief; and any Summary Grounds of Defence is abridged to 4.00pm on 21st April 2023.
- The papers are to be referred to a judge or deputy judge of the Administrative Court on 24th April 2023 or as soon as practicable thereafter.
- The said referral is to be made even if there has not at that time been any Acknowledgement of Service or other response from the Defendant.
- On consideration of the papers the judge or deputy judge shall consider the grant or refusal of permission and the application for interim relief and shall make such directions in respect of the latter application as are appropriate at that time.
- Costs reserved.
This order has been made without a hearing. Any party affected by this order may apply within 7 days of the service of this order on that party to have it set aside, varied, or stayed.
- I am satisfied that anonymisation is necessary in the interests of justice notwithstanding the high public interest in open justice. That is because any disclosure of the identity of the Claimant will inevitably result in a disclosure of the identities and personal circumstances of his infant children.
- The Claimant’s circumstances and more particularly those of his children are such that it is appropriate for this application to be dealt with promptly and for there to be a substantial abridgement of the time for a response from the Defendant. However, the assessment of the extent to which further expedition is necessary or warranted and the approach to be taken to interim relief is best made after consideration of any response from the Defendant.
- The directions I have made seek to achieve an appropriate balance between ensuring prompt consideration and giving a proper opportunity for a response from the Defendant and for consideration of the matter in the round by the court.