QP1 and another -v- Secretary of State for the Home Department and another (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Case number: CO/4873/2022
In the High Court of Justice
King’s Bench Division
6 March 2023
The Honourable Mr Justice Ritchie
The King on the application of
QP 1 (1)
Secretary of State for the Home Department
Secretary of State for Defence
BEFORE the Honourable Mr Justice Ritchie sitting at the Royal Courts of Justice, the Strand, London on 6th March 2023.
UPON CONSIDERING an application for anonymity by the Claimants within the claim for judicial review dated 22.12.2022 and the bundles filed herein.
AND UPON the Court noting that the 1st Claimant was/is an Afghan translater and interpreter and at risk of injury or death in Afghanistan.
(a) consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression;
(b) the Defendants indicating their neutrality to the making of the order and there being no representations from the press or any other interested party;
(c) the press making no representations to the contrary.
AND UPON IT APPEARING that non-disclosure of the identity of the first Claimant and his family is necessary in order to protect the interests of the Claimants.
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.
NOW IT IS ORDERED:
Identity and address
- That the identity of the Claimants shall not be disclosed.
- That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimants. The publication of the name and address of the Claimants is prohibited.
Documents filed in future
- That the names of Claimants shall be described in all statements of case and other documents to be filed or served in the proceedings in future and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “QP1” and “QP2”.
- That the address of the Claimants shall be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimants’ solicitors.
- That in so far as necessary, any statement of case or other document disclosing the Claimants’ names or address already filed in the proceedings shall be replaced by a document describing such name or address in anonymised form as above.
- That the original of any such document disclosing the name or address of the Claimants placed on the Court file (digital or paper) shall be marked “confidential: not to be opened without the permission of a Master or High Court Judge”.
- That a non-party may not inspect or obtain a copy of any document on or from the Court’s paper or digital files (other than this order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on 14 days notice to the Claimants’ solicitor or deputy and the Court will effect service.
- The Court’s paper and digital files are to be marked “subject to an Anonymity Order”.
That the Defendants may apply under rule 23.10 to have this Order set aside or varied.
That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.