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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case numbers: AC-2026-LON-000403

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

In the matter of an application for judicial review

5 June 2026

Before:

The Hon. Mr Justice Bourne

Between:

The King
on the application of
HTO
(Claimant)

-v-

Secretary of State for Defence
(Defendant)

and

(1) KMH 1
(2) KMH 2
(3) KMH 3
(4) KMH 4
(5) KMH 5
(6) KMH 6
(Interested Parties)

Order

On an application by the Claimant for anonymity, an extension of time and permission to apply for judicial review

And upon the Defendant indicating that it intends to make an application under section 6 of the Justice and Security Act 2013

Following consideration of the documents lodged by the parties

ORDER BY THE HON. MR JUSTICE BOURNE

  1. Anonymity:

(a) Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction and/or s. 6 of the Human Rights Act 1998:

(i) The names of the Claimant and interested parties are to be withheld from the public and must not be disclosed in any proceedings in public; and

(ii) the Claimant is to be referred to orally and in writing as HTO and the interested parties as KMH1-6 respectively.

(b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or the interested parties or of any matter likely to lead to their identification in any report of, or otherwise in connection with, these proceedings.

(c) Pursuant to CPR 5.4C(4):

(i) the parties must within 7 days file a redacted copy of any statement of case filed, omitting the name, address and any other information likely to lead to the identification of the Claimant or the interested parties;

(ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant or the interested parties, a redacted copy omitting that information must be filed at the same time;

(iii) unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case.

(d) Any person wishing to vary or discharge this Order must make an application, served on each party.

  1. Extension of time:

(a) Time of commencing the claim is extended until 28 January 2026.

  1. Directions:

(a) The Defendant shall make his application under section 6 of the Justice and Security Act 2013 within 2 weeks of service of this order.

(b) That application shall also include an application for further directions setting out the timetable for this claim.

(c) Liberty to apply.

REASONS

  1. Anonymity: There is evidence that naming the Claimant and/or members of his family will increase the risk they face in Afghanistan. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.
  2. Extension of time: If an extension of time is needed, it is merited by virtue of the fact that any delay was occasioned not by the Claimant but by the view taken by his solicitors as to the steps which they needed to take. If that view was mistaken, he should not be barred by it from bringing this claim which involves a threat to life and limb of him and his family. Extending time does not cause any appreciable prejudice to the Defendant other than, as in every EOT case, the loss of a limitation defence.
  3. Directions: I accept the Defendant’s submission that it is preferable for him to make any application under section 6 (and, if applicable, section 8) of the Justice and Security Act 2013 before permission is decided. That must however be balanced against the dangers inherent in delay in a case of this kind. I have directed that the application be made rapidly. Progress will have to be kept under close review. The Court will revisit the timetable question to the extent necessary.

Signed: MR JUSTICE BOURNE

Date: 5 June 2026