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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2024-LON-001311

In the High Court
King’s Bench Division
Administrative Court

5 August 2024

Before:

The Honourable Mrs Justice Foster DBE

Between:

R (on the Application of)
MXK

-v-

Secretary of State for the Home Department

Order

UPON READING THE DOCUMENTS submitted by the Claimant and by the Defendant

AND

UPON it appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant, 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

IT is ORDERED by the Honourable Mrs Justice Foster DBE

Anonymity

(1) The Claimant shall hereinafter be referred to in these proceedings as MXK.

(2) 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 the identification of the Claimant and the Claimant, if referred to, shall only be referred to as MXK.

(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 only as MXK; and (b) that any reference to the names of the Claimant be deleted from those documents.

(4) Any person affected by paragraphs 1 to 4 of this Order may apply on notice to both parties to have this Order set aside or varied.

Directions

The application for permission to apply for judicial review is adjourned and will be listed for hearing in court, on notice to the Defendant as soon as possible after Monday 19 August 2024 time estimate 2 hours.

The Claimant do have leave to rely on the witness statements of the Claimant and of Joshua Chua both dated 16 May 2024.

The parties are to provide a written estimate within 48 hours of service of this Order if they disagree with the estimate at paragraph 5 above.

The Claimant must file and serve a Skeleton Argument not less than 5 days before the date of the hearing.

The Defendant must file and serve a Skeleton Argument not less than 3 days before the date of the hearing.

Observations

(1) This matter has been extensively pleaded and evidence has now been submitted by the Claimant. It is the most economic use of the Court’s time for the matters as to permission to be refined by skeleton argument and heard in open court.

(2) I have doubts about the arguability of these Grounds but not such as to require their immediate dismissal on paper.