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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/2843/202
AC-2023-LON-003472

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

28 November 2023

Before:

Mr Benjamin Douglas-Jones KC, sitting as a Deputy Judge of the High Court

Between:

The King on the application of
MH

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for anonymity and interim relief
Upon consideration of the documents filed on behalf of the Claimant

ORDER by Mr Benjamin Douglas-Jones KC, sitting as a Deputy Judge of the High Court

  1. Pursuant to CPR rule 39.2(4) there shall not be disclosed in any report of the proceedings the name(s) or address of the Claimant or any details leading to her identification. If referred to, she shall only be referred to as ‘MH’;
  2. Pursuant to CPR rule 5.4C(4)(c) 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 anonymised such that: (a) the Claimant is referred to in those documents only by the letters ‘MH’; and (b) any reference to her name has been deleted from those documents.
  3. The case shall be listed for the hearing of the Claimant’s interim relief applications before a Judge or Deputy Judge of the High Court in the week beginning 11 December 2023 with a time estimate of 1.5 hours.
  4. The parties are to provide a written estimate within 7 days of service of this Order if they disagree with the estimate at 3 above.
  5. The Claimant must file and serve a Skeleton Argument not less than 7 days before the date of the hearing.
  6. The Defendant must file and serve a Skeleton Argument not less than 3 days before the date of the hearing.
  7. Costs of the applications are reserved.

Reasons

Anonymity

1. Given the status of the Claimant as an asylum seeker, where the Claim refers to the health of the Claimant and where there is no public interest in identification, it is appropriate to make an anonymity order.

Interim relief

  1. The Court will rarely grant any form of interim relief without establishing what the other parties to the Claim say in respect of the application. It is important that the Court understand the Defendant’s stance. The issue appears now to be sufficiently urgent that in my judgment the time allowed for the Defendant’s response should be limited to 7 days.