May 31, 2024

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

Administrative Court High Court King's Bench Division Anonymity Order

Claim Number: AC-2024-LON-001795

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

31 May 2024

Before:

The Honourable Mr Justice Freedman

Between:

The King upon the application of
MXV

-v-

Secretary of State for the Home Department

Order

UPON the application of the Claimant for anonymity

AND UPON the court being satisfied that pursuant CPR r.39.2(4) it is necessary to ensure that the identity of the Claimant is not disclosed in order to ensure the proper administration of justice and protect the interests of the Claimant

IT IS ORDERED:

Warning: If you do not obey this order, you may be held in contempt of court and you may be imprisoned, fined or your assets may be seized.

1. The publication of any information in relation to these proceedings likely to lead to the identification of the Claimant is prohibited from the date of this order. For the avoidance of doubt, this order shall apply to any publication from the date of the hearing and applies to all information in the proceedings including documents and information in relation to these proceedings whether before or after the hearing itself.

2. This case shall be known as ‘The King (upon the application of MXV) v Secretary of State for the Home Department.. The Claimant shall be referred to as ‘MXV’.

3. Pursuant to CPR Rules r.5.4C and r.5.4D, unless the Court grants permission no non-party may obtain a copy of any statement of case, order or judgment, or any other document unless it has been redacted. If an application is made by any person pursuant to CPR r.5.4C(2) or (6), the Court shall give notice to the Claimant of the application.

4. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 29 May 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.”

5. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 2 working days’ notice to both the Claimant and the Defendant’s representatives. If such an application is sought to be made by a non-party, the Court shall give notice to the Claimant of the application.

6. A copy of this order shall be published on the website of the Judiciary of England and Wales pursuant to CPR r.39.2(5). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk

Order

This is subject an anonymity order which is being made at the same time as this order.

UPON CONSIDERING the application of the Claimant for judicial review and for an order for an expedited interim hearing/an application for High Court bail

IT IS ORDERED THAT:

1. The Claimant’s application for interim relief/High Court bail shall be listed to be heard on Tuesday 11 June 2024 or so soon thereafter as the Court is able to hear this matter, with a time estimate of 2 hours. The Court will inform the parties when it can hear this matter.

2. In the event that the parties or either of them consider that a different time is required, they shall notify the Court at the earliest opportunity.

3. The Defendant shall state by 4pm on Wednesday 5 June 2024 whether it intends to oppose the application for interim relief. If it does not oppose the application, then the parties shall seek to agree terms to place before the Court for its approval by 4pm on Thursday 6 June 2024.

4. If the Defendant is opposing the application, it shall file and serve summary grounds of opposition to the application for interim relief/High Court bail by 4.30pm on Thursday 7 June 2024 together with any evidence on which it may rely.

5. The Claimant may serve a brief response by 4.30pm on Friday 7 June 2024 together with evidence in reply, if any, to evidence of the Claimant.

6. Liberty to either party to apply to discharge or vary this order on 24 hours’ notice to the other party.

7. Costs reserved.

Reasons

1. There is a need for an interim hearing to consider the Claimant’s application for interim relief/High Court bail.

2. The period proposed by the Claimant is too tight in that the Defendant may wish to serve evidence in response. The timetable set out above is compressed, but the matters are sufficiently urgent to require this to take place within the timetable.

3. The Court is to confirm whether a hearing on 11 June 2024 can be accommodated.