M1 and others -v- Secretary of State for Defence (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim Number: AC-2024-LON-002522
In the High Court of Justice
King’s Bench Division
Administrative Court
25 July 2024
Before:
The Hon Mrs Justice Foster
Between:
The King (on the application of M1, M2 and M3)
-v-
Secretary of State for Defence
Order
UPON the urgent consideration of the Claim Form and Applications for expedition and for anonymity.
IT IS ORDERED THAT:
- The Claimants’ application for anonymity is granted. Pursuant to Rule 39.2(4) of the Civil Procedure Rules, the identity and addresses of the Claimants and of their family members must not be disclosed to any person who is not a party to these proceedings without permission of the Court. The Claimants shall be referred to as “M1”, “M2” and “M3”. The First Claimant’s daughter shall be referred to as “M4”. The First Claimant’s brother shall be referred to as “M5”. Nothing shall be published which may reveal the names, ages, or addresses of the Claimants and/or their family members, or any other details liable to lead to their identification.
- Pursuant to Rule 5.4C of the Civil Procedure Rules, a person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the court records only if the statement of case, judgment or order has been completely anonymised and all references which are capable of leading to the identification of the Claimants and/or their family members has been deleted or otherwise redacted from those documents.
- These restrictions will continue until further Order, but they may be reviewed by the Court on application by any person who wishes to set aside or vary the order for anonymity. Any request for reconsideration must be made in writing on not less than 14 days written notice to the parties and stating reasons in support.
- The matter is fit for expedition and the application for permission is fit for consideration as vacation business.
- The requirement to file and serve an Acknowledgement of Service is hereby dispensed with.
- The Defendant shall file and serve Summary Grounds of Defence and such evidential material as it wishes to rely upon at the permission stage by 4pm Wednesday 7 August 2024.
- The Application for and permission to apply for judicial review is adjourned and will be listed for hearing in court on notice to the Defendant as soon as possible after Friday 16 August with a time estimate 2 hours.
- The parties are to provide a written estimate within 24 hours of service of this Order if they disagree with the estimate at 7 above.
- The Claimant must file and serve a Skeleton Argument by 4pm Monday 12 August 2024.
- The Defendant must file and serve a Skeleton Argument no later than 4pm Wednesday 14 August 2024.
- A joint bundle of authorities is to be filed by 4 pm Wednesday 14 August 2024.
- Liberty to the parties to apply to revoke or vary this Order on 24 hours’ notice in writing by email to the Court and to the other parties.
- Costs reserved.
Observations
- The Claimant relates (and the correspondence demonstrates) that preaction correspondence was directed towards to the Defendant’s representatives on 20 May 2024 raising proposed grounds including procedural unfairness through lack of reasons and irrational decision making. A response was required by 4 June 2024, but none was received.
- A second letter was sent to the Defendant’s representatives on 9 July 2024 indicating the intention to initiate proceedings unless a response was received by 15 July 2024. The Defendant sought an extension of time until 22 July 2024 which was agreed. However, no response was received. A yet further extension of time was requested until yesterday at 4pm understandably the Claimants did not agree. The Court has in any event received nothing from the Defendant at this point (2pm Thursday 25 July 2024).
- This matter is self-evidently urgent, the Claimants have taken appropriate steps to communicate and resolve the matter before proceedings, accordingly the Order is made as asked save that directions as to any final hearing are left to the discretion of the Court if it were to grant permission.
- The Claimants’ representatives must keep the Administrative Office updated with and developments and/or correspondence in the meantime