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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-002443

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

26 July 2024

Before:

The Honourable Mr Justice Lavender

Between:

The King on the application of
MXD

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for an order for anonymity and for directions

Following consideration of the documents lodged by the Claimant

ORDER by the Honourable Mr Justice Lavender

Anonymity

  1. Pursuant to CPR Rule 39.2(4) there shall be no publication in any newspaper or other media or other disclosure of any name, address, image or other information (including the name of the person referred to as SK) tending to identify the Claimant in relation to his involvement in these proceedings.
  2. In any publication or broadcast relating to these proceedings, the Claimant shall be known by the letters MXD.
  3. 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 as ‘MXD’; and (b) the address of the Claimant has been deleted from those documents.
  4. Insofar as any Statement of Case, Judgment, Order or other document to which anyone might have access pursuant to CPR Rule 5.4A-D does not comply with paragraph 3 above, the Claimant’s solicitors have permission to file with the Court copies of any such document adjusted so that it does comply. Such copies are to be treated for all purposes as being in substitution for the relevant original and the originals are then to be retained by the Court in a sealed envelope marked “not to be opened without the permission of a Judge or Master of the King’s Bench Division”.
  5. Any interested party, whether or not a party to the proceedings, may apply to the Court to set aside, vary or discharge paragraphs 1 to 4 of this Order, provided that any such application is made on 7 working day’s notice to the Claimant’s solicitors.

Directions

6. The Defendant’s Acknowledgment of Service must be filed not more than 14 days after service of the claim form.
7. The Claimant’s application for interim relief will be heard on the first available date after 23 August 2024, with a time estimate of 2 hours.
8. Either party may apply, on two days’ written notice to the other party, for paragraph 6 and/or 7 of this order to be set aside, varied or discharged.

Costs

9. Costs reserved.

Reasons

  1. Anonymity is appropriate in the light of the Claimant’s status as an asylum-seeker and his health condition.
  2. The application for interim relief needs to be dealt with expeditiously. I note, however, that, whereas the Claimant contends that his health will suffer if he is not relocated to somewhere near Hatfield, the Defendant contends that the Claimant’s health will suffer if he is relocated. These matters will require careful consideration.