JM -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtHigh CourtAnonymity Order

Claim number: CO/1114/2023

In the High Court of Justice
Administrative Court

22 May 2023

Before:

Vice President of the Upper Tribunal, Mark Ockelton

Between:

The King on the application of
JM

-v-

Secretary of State for the Home Department

Order

Upon the parties agreeing terms and upon the Defendant agreeing to provide the Claimant and his family with self contained accommodation in Enfield on or before 31st May 2023, absent special circumstances
IT IS HEREBY ORDERED THAT:

  1. The claim be stayed with liberty to restore.
  2. If the Claim is not restored by 30th June 2023 the Claim be treated as withdrawn save for the issue of costs set out in paragraph 6 below.
  3. The Defendant has 7 days following the restoration of the Claim to file and serve the acknowledgement of service.
  4. Following the service of the acknowledgement of service the issue of interim relief be determined by the court within 7 days.
  5. The application for anonymity is granted, and pursuant to section 11 of the Contempt of Court Act 1981, section 6 of the Human Rights Act 1998, CPR rule 5.4D-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 in this case, in place of references to the Claimant’s name, reference to “JM”;
    b) There shall be no publication of any name, address, picture or other information likely to lead to the identification of the Claimant or his family being the Claimant or his family in these proceedings,
    c) “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).
  6. If the Claim is treated as withdrawn pursuant to paragraph 2, the Defendant do pay the Claimant’s reasonable costs, to be subject to detailed assessment if not agreed. Otherwise, costs in the case.
  7. There be legal aid assessment of the Claimant’s costs.

We do agree to an order being made in these terms.