MS1 -v- Secretary of State for Defence and another (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Case number: AC-2024-LON-002776
In the High Court of Justice
King’s Bench Division
Administrative Court
In the matter of an application for judicial review
19 September 2024
Before:
the Honourable Mrs Justice Hill DBE
Between:
The King
on the application of
MS1
-v-
Secretary of State for the Defence
and
Secretary of State for Foreign, Commonwealth and Development Affairs
Anonymity order
On consideration of the documents lodged by the Claimant including an application for anonymity
ORDER by the Honourable Mrs Justice Hill DBE
1. The Claimant in this matter is entitled to anonymity until further order and there must be substituted for all purposes in this claim in place of references to the Claimant by name, and whether orally or in writing, reference to “MS1”.
2. A non-party may not inspect or obtain a copy of any document from the court file other than this order (duly anonymised) without the permission of the Court. Any application for such permission must be made on notice to the Claimant.
3. A non-party may not obtain any copy statement of case or other document from the Court file unless it has been edited (anonymised) in accordance with this direction.
4. Pursuant to CPR 39.2(4) and s.11 of the Contempt of Court Act 1981, the publication or disclosure of the identity of the Claimant or of any material tending to identify the Claimant shall be prohibited.
5. The Court’s CE-file system shall be clearly marked with the words “An anonymity order was made in this case on 18 September 2024 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
6. The Defendant or any non-party affected by this anonymity order may Form JR-MPA. Judicial Review. Miscellaneous Paper Application. Version September 2020 on 7 days’ notice apply to set it aside or vary it.
7. The costs of obtaining this order shall be costs in the case.
8. Pursuant to CPR 39.2(5) and the Practice Guidance: Publication of Privacy and Anonymity Orders dated 16 April 2019 a copy of this order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.
Reasons
1. The Claimant is a female Afghan national and former investigating prosecutor of domestic and international terrorism in Afghanistan. Disclosure of her personal details or other information tending to identify her may put her and/or her family at risk.
2. Having considered the Article 8 rights of the Claimant and the Article 10 right to freedom of expression, as well as the open justice principle, I am satisfied that (i) non-disclosure of the identity of the Claimant is strictly necessary in order to secure the proper administration of justice and protect the interests of the Claimant; and (ii) there is insufficient countervailing public interest in disclosure of her identity to justify interfering with her Article 8 rights.
Signed: Henrietta Hill
Date: 19 September 2024