KVC -v- SSHD (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: CO/2620/2023

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

19 July 2023

Before:

The Honourable Mr Justice Julian Knowles

Between:

The King on the application of
KVC

-v-

SSHD

Order

ON AN application by the Claimant for urgent consideration and interim relief
FOLLOWING consideration of the documents lodged by the Claimant
AND HAVING REGARD to the draft order (the Draft Order) at pp63-64 of the Bundle lodged by the Claimant

AND UPON the Court noting that three cases raising similar issues to this application (namely CO/2285/2023, CO/1940/2023 and CO/792/2023) have been listed for hearing on 26 July 2023, the outcome of which is likely to be determinative of the present application

ORDER by the Honourable Mr Justice Julian Knowles

  1. The Defendant shall not release the Claimant unless and until the Salvation Army has conducted an assessment of the risk of the Claimant being trafficked and has assessed what (if any) support should be provided to the Claimant under the Modern Slavery Victim Care Contract and has arranged such support.
  2. The Claimant has permission to amend his Claim Form to correct paragraph numbering.
  3. Apart from as set out in this order, the remainder of Claimant’s application for interim relief as sought in the Draft Order (in particular, in [2], [3] and [5]) is STAYED until judgment has been given in CO/2285/2023, CO/1940/2023 and CO/792/2023.
  4. Once judgment has been given in CO/2285/2023, CO/1940/2023 and CO/792/2023 the papers in this case are to be placed before a judge for further directions.
  5. There be substituted for all purposes in these proceedings, whether orally or in writing, in place of references to the Claimant by name, references to him by the letters KVC. Until further order, the publication of the name of the Claimant, or any particulars or details which may lead to his identification in connection with these proceedings, is prohibited.
  6. The Claimant have leave to file replacement copies of all existing and future pleadings anonymised in accordance with [4] of this order.
  7. The parties are permitted to (i) disclose to one another and (ii) to file with the Court unredacted copies of evidence or other documents, other than those pleadings referred to in paragraph 5.
  8. Costs reserved.
  9. Liberty to apply.

Reasons

  1. The Claimant sought to have his claim for interim relief in relation to modern slavery public order disqualification listed alongside the three cases at which similar issues are to be determined on 26 July 2023 (CO/2285/2023, CO/1940/2023 and CO/792/2023). However, little purpose would be served in doing so given those cases are already listed; they are likely to be determinative of this application; and there is likely to be insufficient court time to join this case in any event.
  2. Hence apart from as set out above, the Claimant’s application for interim relief is stayed pending the outcome in those three cases. Once judgment has been given this matter can be restored before a judge for further directions in light of the judgment.