MAG -v- Secretary of State for Foreign, Commonwealth and Development Affairs and others (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/2018/2023

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

5 June 2023

Before:

The Honourable Mr Justice Eyre

Between:

The King on the application of
MAG

-v-

Secretary of State for Foreign, Commonwealth and Development Affairs
Secretary of State for Defence
Secretary of State for the Home Department

and

MNS1 – MNS7 (Interested parties)

Order

On an application by the Claimant for anonymisation and expedition
Following consideration of the documents lodged by the Claimant.
ORDER by the Honourable Mr Justice Eyre

  1. The Claimant’s application for anonymity for himself and the Interested Parties is granted, and pursuant to CPR Rule 5.4A-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 of this case, in place of references to the name of the Claimant, reference to “MAG” and in place of the names of the First to Seventh Interested Parties “MNS1 – 7”;
    (b) There shall be no publication of any name, address, picture or other information likely to lead to the identification of the Claimant on the Interested Parties as being the Claimant or the Interested Parties in these proceedings;
    (c) In paragraph 1(b) “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 Defendants, 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 nonanonymised version of a document must be made on notice to the Claimant and in accordance with CPR r.5.4C(6).
  2. The Claimant shall within 24 hours of the date of service of the claim on the Defendants notify the court of such service.
  3. The case shall be referred to a judge or deputy judge of the Administrative Court for determination of the issue of the grant or refusal of permission as soon as practicable after the earlier of:
    a. The expiry of the period of 35 days from the date of service on the Defendants;
    b. The expiry of the period of 14 days from the date of receipt by the court of an Acknowledgement of Service from the Defendants.
  4. In the event of the date at paragraph 3(a) being the earlier of the dates identified in paragraph 3 the case shall be so referred notwithstanding the absence of any Acknowledgement of Service.
  5. Costs reserved.

This order has been made without a hearing. Any party affected by this order may apply within 7 days of the service of this order on that party to have it set aside, varied, or stayed.

Reasons

  1. Notwithstanding the importance of public justice I am satisfied that in light of the potential danger to the Claimant and/or to the Interested Parties anonymisation of their names is necessary in the interests of justice.
  2. I have considerable reservation as to the application for expedition. The Claimant has not indicated any way in which expedition will assist him in circumstances where it appears that the grant of relief will be of no benefit to him unless and until he is outside Afghanistan. However, in light of the circumstances of the Claimant and the delay which has occurred I am satisfied that a modest degree of expedition is appropriate and the order made reflects that.