CO Ref: CO/3021/2022
In the High Court of Justice
Queen’s Bench Division
1 September 2022
The Honourable Mrs Justice Tipples DBE
The Queen on the application of
Secretary of State for the Home Department
Ministry of Defence
UPON the claimant’s application dated 19 August 2022 for (i) anonymity pursuant to CPR Rule 39.2; (ii) abridgement of time for AOS to 7 days; and (iii) expedition by way of consideration of permission on the papers within 7 days of AOS
AND UPON reading the documents lodged by the parties:
It is ordered that:
1. Pursuant to CPR Part 39.2(4) the claimant shall until further notice be granted anonymity in these proceedings and be known as “PBO”.
2. The claimant’s request for abridgement of time of the AOS be refused.
3. The defendant do serve any response in answer to the claimant’s application for expedition at the same time as the AOS.
4. Following service the AOS and any response from the defendant under paragraph (3) above, the papers shall be placed before a judge within 7 days in order to:
a. determine the claimant’s application for expedition; and
b. make such other decisions and/or directions as he or she shall think fit.
5. The costs of the application be in the case.
Having regard to the evidence before the Court is appropriate to make the anonymity order in the terms sought. This is because non-disclosure of the claimant’s identity is necessary to secure the proper administration of justice and to protect the interests of the claimant.
The rules provide for the AOS to be served within 21 days of the service of the claim form. There is no reason to shorten that timescale in relation to the facts of this case. The defendant should be given a proper opportunity to respond and, having done so, the papers can be placed promptly before a judge to determine the application for expedition and for the judge to make such other
directions and/or decisions as he or she shall think fit.