Claim number: CO/1511/2023
In the High Court of Justice
King’s Bench Division
15 May 2023
The Honourable Mrs Justice Lang DBE
The King on the application of
Secretary of State for the Home Department
(Port Ref: C7338146)
On the Claimant’s application for an anonymity order and urgent interim relief
Following consideration of the documents lodged by the parties
Order by the Honourable Mrs Justice Lang DBE
- Pursuant to CPR r.39.2, in any report of these proceedings, there shall be no publication of the name and address of the Claimant, nor any other particulars likely to lead to her identification. In the proceedings, the Claimant shall be anonymised and referred to as “OA”.
- Within 7 days of the date of this order, the Claimant’s solicitors shall file with the Court copies of case documents which have been anonymised and/or redacted to protect the identity of the Claimant, in accordance with paragraph 1 above.
- Non-parties may not obtain any documents from the court file which have not been anonymised and/or redacted to protect the identity of the Claimant, in accordance with paragraph 1 above.
- The Defendant shall file and serve her Acknowledgment of Service, Summary Grounds of Resistance and response to the application for interim relief by 24 May 2023.
- The Defendant shall file and serve any evidence which is relevant to the application for interim relief by 24 May 2023.
- The Claimant shall file and serve a Reply and any further evidence within 7 days of service of the documents referred to at paragraphs 4 and 5 above.
- The Claimant must file and serve an authorities bundle, not less than 5 days before the date of the hearing. The electronic version of the bundle shall be prepared by the Claimant in accordance with the Guidance on the Administrative Court website. The Claimant must also lodge a hard-copy version of the authorities bundle at the Administrative Court Office, not less than 5 days before the date of the hearing.
- The application for interim relief is to be considered at a hearing to be listed as soon as reasonably possible in June 2023, having regard to the availability of counsel. Time estimate: 2 hours.
- Liberty to apply to vary or discharge this order on 2 days notice to the other party.
- Costs in the case.
- I have granted an anonymity order. The Claimant is an asylum seeker who claims to be at risk. She has two young children, one of whom has disabilities and uses a wheelchair. In the circumstances, a departure from the general principle of open justice is justified.
- Since about November 2021, the Claimant and her two children have been living in what appears to be unsuitable hostel accommodation. The Clamant is due to give birth to a third child on 15 July 2023. Therefore urgent consideration of this claim is required. The Defendant approved expedited dispersal as long ago as 11 November 2022. From the correspondence I have seen, I am not satisfied that the Defendant is giving this family’s needs sufficient consideration. Obviously the Court cannot deal with the application for interim relief without first hearing from the Defendant.