MXM -v- Secretary of State for Defence and another (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Case number: AC-2024-LON-000820
In the High Court of Justice
King’s Bench Division
Administrative Court
12 March 2024
Before:
The Hon. Mr Justice Chamberlain
Between:
The King on the application of
MXM
-v-
Secretary of State for Defence
Secretary of State for Foreign, Commonwealth and Development Affairs
and
The Independent Inquiry relating to Afghanistan
Bereaved family core participants in the The Independent Inquiry relating to Afghanistan
(Interested parties)
Order
On the claimant’s application for urgent consideration and for directions
Following consideration of the documents lodged by the claimant, the defendants’ response by email dated 12 March 2024 and the claimant’s reply by email of the same date
ORDER by the Hon. Mr Justice Chamberlain:
Anonymity, reporting restrictions and restrictions on access to the file
1. The claimant’s name, and those of his family members, are to be withheld from the public and must not be disclosed in any proceedings in public.
2. There is to be substituted for all purposes in these proceedings in place of references to the claimant by name, and whether orally or in writing, references to the letters “MXM”. References to his family members must not include their names.
3. Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the claimant or his family members or of any matter likely to. Lead to their identification in any report of, or otherwise in connection with, these proceedings.
4. Pursuant to CPR 5.4C(4):
a. The parties must, when filing any statement of case, also file a redacted copy of that statement of case omitting the name, address and any other information which could lead to the identification of the claimant. The claimant must file a redacted copy of the Statement of Facts and Grounds within 7 days of the date of this Order.
b. Unless the Court grants permission under CPR 5.4C(6), no non-party may obtain an unredacted copy of any statement of case.
5. Any person wishing to apply to vary or discharge any of paragraphs 1-5 this Order must make an application to the court, served on each party. Any such application is to be referred to a High Court Judge for determination no sooner than 2 clear days after it has been served on each party.
Timetable
6. Time for the defendants to:
a. make any application for a declaration under s. 6 of the Justice and Security Act 2013 (“JSA”);
b. make any application to rely on sensitive material pursuant to s. 8 JSA; and
c. file and serve the Acknowledgement of Service and Summary Grounds of Defence (if necessary, with OPEN and CLOSED versions) is abridged to 4pm on 25 March 2024.
7. The papers are to be referred to a High Court Judge by Wednesday 27 March 2024 for a decision as to whether to:
a. grant permission and give directions for an expedited determination of (i) the applications under ss. 6 and 8 JSA; and (ii) the substantive hearing; or
b. order an expedited rolled-up hearing and give directions for an expedited determination of the applications under ss. 6 and 8 JSA; or
c. defer consideration of permission to allow: (i) the Special Advocates to respond to the applications under ss. 6 and 8 JSA; and/or (ii) the Special Advocates to respond to the CLOSED Summary Grounds of Defence; and/or (iii) the claimant to respond to the OPEN Summary Grounds of Defence.
8. All parties have liberty to apply to vary or discharge any part of this Order.
Reasons
On the basis of the information set out in the Statement of Facts and Grounds, There is a high risk to the claimant’s life. The defendant says that there is material which falls to be disclosed under the duty of candour but which can only be disclosed in CLOSED, but resists the imposition of any timetable for the making of an application for a declaration under s. 6 JSA.
The above directions balance the need for expedition with the need to allow a reasonable opportunity for the defendant to make applications under ss. 6 and 8 JSA and produce Summary Grounds of Defence (if necessary in OPEN and CLOSED versions). Ordinarily, directions would provide for the resolution of any applications under ss. 6 and 8 JSA before consideration of permission. In this case, however, the risks which it is said the claimant faces are such that a shorter timetable is required, leading to the papers being referred to a judge before the end of the Hilary Term.