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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC2025-LON -003716

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

In the matter of an application for judicial review

22 May 2026

Before:

Neil Cameron KC
sitting as a Deputy High Court Judge

Between:

The King
on the application of
KWB

-v-

Secretary of State for the Home Department

Order

Notification of the Judge’s Decision (CPR 54.11, 54.12)

Following consideration of the documents lodged by the Claimant, and the Defendant’s acknowledgment of service and summary grounds of defence.

ORDER BY Neil Cameron KC sitting as a Deputy High Court Judge

  1. Anonymity:
    (a) The Claimant’s application for anonymity is granted.
    (b) For the purposes of this order:
    (i) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.
    (ii) Publication for the purpose of this Order includes any further publication from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.
    (c) The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
    (d) Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimant in these proceedings. The Claimant shall be referred to as ‘KWB’.
    (e) In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (i) The Claimant shall be referred to as ‘KWB’,
    (ii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
    (f) Pursuant to CPR Rules 5.4C and 5.4D:
    (i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with this Order.
    (ii) If a person who is not a party to the proceedings applies pursuant to CPR r.5.4C for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimant’s solicitor.
    (g) The Court file shall be clearly marked with the words “An anonymity order was made in this case on [date of this Order] and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
    (h) Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
    (i) Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.
  2. Permission: Permission to apply for judicial review is refused.
  3. Costs: The Claimant must pay the Defendant’s costs of preparing the Acknowledgement of Service and Summary Grounds of Defence, summarily assessed in the sum of £1,073.60.
  4. Further provision as to costs:

(a) The Claimant has the benefit of cost protection for the purposes of s. 26 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Accordingly:

(i) paragraph 3 specifies the maximum amount that the Claimant may be held liable to pay;

(ii) the amount of costs that the Claimant is liable to pay is to be determined on an application by the other party under regulation 16 of the Civil Legal Aid (Costs) Regulations 2013.

(b) If the Claimant wishes to object to the order in paragraph 3 in principle, or the maximum amount there specified, the following directions apply.

(c) Where the Claimant does not make a valid request for reconsideration of the decision to refuse permission to apply for judicial review (see notes below):

(i) Within 14 days of the date of this Order, the Claimant may file and serve a notice of objection (maximum 3 pages) showing why the order in paragraph 2 should not be made. The notice should include any objections to the principle that costs should be paid and/or as to the amount specified.

(ii) If the Claimant does not file and serve a notice of objection within that period, paragraph 3 is a final order, which specifies the maximum amount that the Claimant may be held liable to pay.

(iii) If the Claimant files and serves a notice of objection in accordance with (i) above:

  • the other party may, within 14 days after the date on which the notice is
    served, file and serve submissions in response (maximum 3 pages);
  • if the other party files and serves on the Claimant submissions in response, the Claimant may, within 7 days after the date on which the other party’s submissions in response are served, file and serve reply submissions (maximum 3 pages);
  • the Court will determine what costs order to make on the papers;
  • any costs ordered must be paid within 14 days of the date of the Court’s order (in accordance with CPR 44.7(1)(a)), unless the Court specifies another date.

(d) Where the Claimant makes a valid request for reconsideration (see notes below):

(i) Paragraph 3 does not become final as respects the maximum amount of the claimant’s liability to a party unless, insofar as it relates to that party:

  • the Claimant withdraws the application for permission; or
  • permission to apply for judicial review is refused on all grounds after a
    hearing.

(ii) If the Claimant wishes to contend that the order in paragraph 3 should not be made even if permission is refused on all grounds, the Claimant must within 14 days after the date of this Order file and serve a notice of objection (maximum 3 pages). The notice should include any objections to the principle that costs should be paid and/or as to the amount specified.

(iii) If the Claimant files and serves a notice of objection in accordance with (ii) above:

    • the other party may, within 14 days after the date on which the notice is
      served, file and serve submissions in response (maximum 3 pages);
    • if the other party files and serves on the Claimant submissions in response, the Claimant may, within 7 days after the date on which those submissions are served, file and serve reply submissions (maximum 3 pages);
    • the Court will determine what costs order to make at or after the
      permission hearing.

    5. Renewal directions: Where the Claimant makes a valid request for reconsideration (see notes below), the following directions apply:

    (a) The permission hearing is to be listed with a time estimate of one hour, including submissions by the parties and an oral judgment by the judge. If the Claimant considers that more time should be allowed, the time estimate must be included with the request for reconsideration of permission.

    (b) Within 21 days of the service of this Order, the Claimant must file and serve an electronic copy of the Permission Hearing Bundle, prepared in accordance with the guidance on the Administrative Court website and containing the following documents:

    (i) the Claim Form, Statement of Facts and Grounds and any evidence or other documents filed with the Claim Form;

    (ii) any Acknowledgment of Service, Summary Grounds of Defence and any accompanying documents served by any Defendant and/or Interested Party;

    (iii) any Reply or other document served by any party to the proceedings at the paper permission stage;

    (iv) this Order;

    (v) the renewed application for permission to apply for judicial review (on Form 86B);

    (vi) any other document the Court would be likely to consider material to its decision on permission to apply for judicial review.

    (c) If the Claimant fails to comply with sub-paragraph (b), permission will be

    (d) determined on the basis of the renewal notice and the documents before the Court at the paper stage, unless at the hearing the Court otherwise directs.

    (e) At least 7 days before the date listed for the hearing, the Claimant must file and serve:

    (i) a skeleton argument, maximum 10 pages;

    (ii) an electronic bundle containing any authorities which the Court needs to read at the hearing (the Authorities Bundle: see para. 22.1.2 of the Administrative Court Judicial Review Guide); and

    (iii) if requested by the Court, a hard copy version of the Permission Hearing Bundle and Authorities Bundles.

    (e) At least 7 days before the date listed for the hearing, any party other than the Claimant intending to participate in the hearing must file and serve any skeleton argument, maximum 10 pages.

    (f) If a party fails to comply with sub-paragraph (b), (d) and/or (e), the Court may have regard to the failure when considering any question about costs at the hearing.

    REASONS

    (1) Anonymity: In this case an exception to the open justice principle is justified in order to protect the interests of the Claimant’s younger child.

    (2) The decisions under challenge are:

    (a) The certification of the Claimant’s human right claim as clearly unfounded.
    (b) The deportation order dated 11th July 2025 and
    (c) The Claimant’s continued detention.

    (3) The Statement of Facts and Grounds sets out the facts in some detail but does not identify a public law legal error/s giving rise to arguable grounds of claim in relation to the decisions under challenge.

    (4) The claim form was filed one day before the expiry of the 3 month period specified in CPR 54.5(1). CPR 54.1(1) provides that a claim must be made promptly, and in any event not later than 3 months after the grounds to make the claim arose. The grounds to make the claim arose on 11th July 2025. The Claimant’s representatives were instructed on 6th August 2025. The pre-action protocol letter was not sent until 8th October 2025. In those circumstances, and taking into account the importance of the issues in this claim, in particular the detention of Claimant, the claim was not made promptly.