MS -v- The Home Office (anonymity order)
Claim No.: QB-2021-001936
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
27 May 2021
The Home Office
UPON reading the Claimant’s without notice application dated 29 January 2021
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and Article 10 right to freedom of expression under the European Convention of Human Rights
AND UPON it appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant and that, accordingly, publication of details revealing the identity of the Claimant ought to be prohibited
AND PURSUANT TO Rules 5.4 and 39.2(4) of the Civil Procedure Rules 1998 and section 11 of the Contempt of Court Act 1981
IT IS ORDERED THAT:
1. There be substituted for all purposes in this action, in place of reference to the Claimant by name, and whether orally or in writing, reference to the letters “MS”.
2. To the extent necessary to protect the Claimant’s identity, any other references, whether to persons or to places or otherwise, be adjusted appropriately, with permission to the parties to apply in default of agreement as to the manner of such adjustment.
3. The Court file is to be retained by the Court and marked “Anonymised”. Pursuant to CPR 5.4C a person who is not a party to these 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 the Claimant is referred to as MS in those documents and his address has been removed.
4. The Claimant’s solicitors have permission to file with the Court copies of documents adjusted so as to comply with paragraph 3; such copies of documents are to be treated for all purposes as being in substitution for the relevant originals; and the originals are then to be retained by the Court in a sealed envelope marked “not to be opened without permission of a Master or Judge of the High Court”.
5. The Claimant has permission to issue the Claim Form showing his solicitor’s address as the Claimant’s address.
6. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. In particular, disclosure of the Claimant’s name or address is prohibited
7. There be permission to apply
8. The Defendant may apply to set aside or vary this order or any part thereof within seven days of service of this order
9. Costs in the case
Dated this 27th day of May 2021