MN -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2024-LON-000210
In the High Court of Justice
King’s Bench Division
Administrative Court
22 January 2024
Before:
Mr Justice Linden
Between:
The King on the application of
MN
-v-
Secretary of State for the Home Department
Order
On an application by the Claimant, dated 22 January 2024, for directions in respect of his application of interim relief and an order for anonymity
Following consideration of the documents lodged by the Claimant
AND UPON it appearing that non-disclosure of the identity of the Claimant is necessary in order to protect his interests pursuant to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4C of the Civil Procedure Rules
ORDER by the Honourable Mr Justice Linden
1. By 4pm on Wednesday 24 January 2024:
a. the Defendant will file and serve a response to the Claimant’s application for interim relief and his application for anonymity;
b. the Claimant will file and serve a list of the documents, and the passages therefrom, which it is essential for the judge to read for the purposes of considering his application for interim relief.
2. If it is reasonably practicable to do so, by 4pm on 26 January 2024 the Claimant’s application for interim relief shall be placed before a judge for further consideration on the papers including the question whether interim relief should be granted or a hearing ordered.
3. Pending further consideration in the light of the Defendant’s response, the Claimant shall be referred to in these proceedings as MN.
4. Pursuant to CPR rule 39.2(4) there shall not be disclosed in any report of the proceedings the name or address of the Claimant or any details leading to his identification and the Claimant, if referred to, shall only be referred to as MN.
5. Pursuant to CPR rule 5.4C 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 as MN and (b) that any reference to the name of the Claimant or information leading to his identification has been deleted from those documents.
6. Any person affected by this Order may apply on notice to all parties to have this Order set aside or varied.
7. Costs reserved.
Reasons
1. I am prepared to make the order above in the light of the lack of a substantive response by the Defendant to the Claimant’s pre-action letters and given that the Defendant has indicated that he is able to respond to them by the deadline which I have set.
2. But I am uneasy about the references to the Claimant becoming “suicidal” since December 2023. This is not a term to be used lightly. Although, perforce, I have read the papers very rapidly and the pleadings are lengthy, the letter from Doctors of the World dated 14 December 2023 says that the Claimant has “no suicidal plan”. I have seen that the Claimant says that he has thoughts about killing himself but this is not the same thing.
3. I have directed that the Claimant provide a truly essential reading list because the next judge who considers this matter will need a tool to navigate the 928 page bundle. I make no comment at the moment about whether the pleadings are over lengthy or the bundle overinclusive, as I have not had time to consider these questions fully. But these features of the case do not make the judge’s task easier.