MZZ -v- Secretary of State for Defence and another (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2023-LON-003138

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

25 October 2023

Before:

The Honourable Mr Justice Choudhury

Between:

R (MZZ)

-v-

Secretary of State for Defence
and
Secretary of State for the Home Department

Order

On an application by Claimant for anonymity and expedition
Following consideration of the documents lodged by the Claimant
ORDER by the Honourable Mr Justice Choudhury

  1. The Claimant is to be anonymised for the purpose of these proceedings and the matter shall be known as R(MZZ) v Secretary of State for Defence & Anr;
  2. The claim is suitable for expedition;
  3. The Defendants’ Acknowledgements of Service shall be served within 14 days of the date of this order.
  4. Upon the Defendants having filed their respective Acknowledgments of Service or the expiry of the time within which they are due, whichever is sooner, the papers will be passed to a Judge to determine the Claimant’s application for permission;
  5. Liberty to apply to vary or discharge this order upon providing 48 hours’ notice to the other parties;
  6. Costs reserved.

Reasons

  1. Given the circumstances surrounding the Claimant’s departure from Afghanistan and the ongoing threats to safety, which appear credible, it is necessary to anonymise proceedings, the departure from the general principle of open justice being justified.
  2. If it is correct that the Claimant’s brother, who is still a child, is “living in the mountains” in fear of his safety, then a degree of urgency is warranted. However, the urgency is not such as to require any substantial abridgement of the time for serving the AoSs. The direction that they be served within 14 days of the date of this order would only shorten the normal period by a few days, if at all.