HPB -v- Secretary of State for Foreign, Commonwealth and Development Affairs and others (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2026-LON-001626
In the High Court of Justice
King’s Bench Division
Administrative Court
20 April 2026
In the matter of an application for judicial review
Before
Mrs Justice Farbey DBE
Between
The King on the application of HPB
-v-
1. Secretary of State for Foreign, Commonwealth and Development Affairs
2. Secretary of State for Defence
3. HPBW (Interested Party)
Anonymity Order
On an application by the Claimant for urgent consideration and interim relief
Following consideration of the documents lodged by the Claimant
ORDER by the Honourable Mrs Justice Farbey DBE
- The Defendants shall by 4pm on Friday 17 April 2026 file a response to the Claimant’s applications for interim relief and specific disclosure.
- The Claimant’s applications for
a. interim relief;
b. specific disclosure; and
c. a rolled-up hearing shall be listed for hearing before a High Court Judge on the first available date after 27 April 2026; time estimate: 1 day to include time for the delivery of judgment. - The Claimant shall by 4pm on Wednesday 22 April 2026 file and serve a skeleton argument on the issues in para 2 above.
- The Defendants shall by 4pm on Friday 24 April 2026 file and serve a skeleton argument on the issues in para 2 above.
- The Defendants shall by 4pm on Thursday 30 April 2026 file and serve an Acknowledgement of Service and any summary grounds for resisting the claim.
- The Claimants shall by 4pm on Thursday 7 May 2026 file any Reply.
- The Claimant’s application for the Secretary of State for the Home Department to be joined as an Interested Party is refused.
- The Court refuses at this stage to treat the Claimant’s children as Interested Parties.
- Costs reserved.
ANONYMITY ORDER - UPON it appearing that non-disclosure of the identity of the Claimant and his wife is necessary in order to protect the right to respect for private life of the Claimant and his wife, and/or their right to life, 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
- The Claimant shall hereinafter be referred to in these proceedings as HPB and his wife as HPBW (“the ciphers”). There is to be substituted for all purposes in these proceedings in place of references to the Claimant and his wife by name, and whether orally or in writing, references to the ciphers.
- Pursuant to s.11 Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or his wife or of any matter likely to lead to the identification of the Claimant or his wife in any report of, or otherwise in
connection with, these proceedings. - Any person wishing to apply to vary or discharge this Order must make an Application to the Court, served on each party.
OBSERVATIONS
Secretary of State for the Home Department
1. The Claimant does not set out any persuasive reason why the Secretary of State for the Home Department is “directly affected by the claim” which is the definition of an Interested Party (CPR 54.1(2)(2)(f)). I agree with
the position expressed in correspondence by GLD that the involvement of the Home Secretary is unlikely to achieve any real benefit and will simply add to costs.
2. To the extent that the Claimant seeks specific disclosure of internal communications within the Home Office, the court will need to be persuaded that the attempt to join the Home Secretary as a party is not simply a mechanism to avoid the procedures for non-party disclosure (CPR 31.17) or the specialist SIAC procedures for the review of the entry clearance decision.
Claimant’s children
3. I am not prepared to accept the children as Interested Parties at this stage without a litigation friend (CPR 21.2(2)). Their interests are of concern to the court. They are not the subject of the legal aid certificate. They have,
therefore, no costs protection; and the Defendants have no realistic way of recovering any costs that may be awarded in relation to the children’s statements of case in so far as they may raise discrete issues or require
discrete procedural steps. The Claimant’s solicitors must give these matters their consideration.
Hearing
4. The interim hearing will be listed on the first available date after 27 April 2026. In a case raising life and death issues, counsel should make themselves available or alternative counsel should be instructed.
Signed
Mrs Justice Farbey DBE
9 April 2026