KX -v- Secretary of State for the Home Department (anonymity/consent order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity OrderOrder

Claim number: AC-2024-LON-003172

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

17 February 2025

Before:

DHCJ Antony Dunne

Between:

The King on the application of
KX

-v-

Secretary of State for the Home Department

Consent order

UPON the Claimant’s application for anonymity and the Defendant not opposing the application

AND UPON the Defendant taking the decision to end the Claimant’s electronic monitoring condition and vary his conditions of immigration bail on 16 October 2024

BY CONSENT, IT IS HEREBY ORDERED:-

  1. Pursuant to rule 39.2(4) of the Civil Procedure Rules 1998, anonymity is granted in the terms of the Schedule appended to this draft order.
  2. The Claimant has permission to withdraw his claim for judicial review, save in respect of the question of liability and quantum for the alleged breaches of the Claimant’s Article 8 rights under the European Convention on Human Rights and the UK GDPR / Data Protection Act 2018 (“the Civil Claim”).
  3. The Civil Claim is stayed for four months from the sealing of this Order to permit the parties to explore settlement.
  4. In the event that the parties are unable to achieve settlement in the Civil Claim by 22 February 2024, the claim shall be transferred to the King’s Bench Division for the determination of liability and damages.
  5. Costs of, and incidental to, the judicial review claim, are to be dealt with by way of written submissions, not to exceed 2 pages unless there is a compelling reason, as explained within those submissions, as follows:
    a. The Claimant shall file with the court and serve on the Defendant, submissions as to what the appropriate order for costs should be within 28 days of the date on which this Order was agreed.
    b. The Defendant shall file with the court and, serve on the Claimant submissions in response to those at paragraph 2a above within 14 days of the service of those submissions.
    c. The Claimant shall have 7 days in which to file and serve a reply to those submissions.
  6. There shall be a detailed assessment of the Claimant’s publicly funded costs.