Case No: CO/1914/2022
In the High Court of Justice
Queen’s Bench Division
30 May 2022
The Honourable Mrs Justice Steyn DBE
on the application of MSS
Secretary of State for the Home Department
On an application by the claimant for anonymity, abridgment of time for service of the AOS and expedition
Following consideration of the documents lodged by the claimant
ORDER by the Honourable Mrs Justice Steyn DBE
1. The identity of the Claimant is protected pursuant to CPR 39.2(4). The matter shall be known as “R (MSS) v Secretary of State for the Home Department and there shall be no publication of the Claimant’s name, address or any other information tending to identify the Claimant in relation to his involvement in these proceedings.
2. The application for abridgment of time for the Defendant’s acknowledgment of service is refused.
3. Within 7 days of receipt of the Defendant’s Acknowledgment of Service or the expiry of 21 days after the service of the claim form, whichever is the earlier, the application for permission shall be put before a Judge for consideration on the papers thereafter when reasonably practicable.
4. Liberty to the Defendant to apply to vary or set aside this order on giving at least 48 hours’ written notice to the Claimant.
5. Costs reserved.
1. I am satisfied that it is appropriate to grant an anonymity order in circumstances where the Claimant states that he is currently in Afghanistan, living in fear for his life and safety due to his links and associations with British armed forces.
2. I am not persuaded that it would be appropriate to abridge time for service of the Defendant’s AOS in circumstances where the Claimant took 2 ½ months to issue this claim challenging a decision made on 9 March 2022. Nor that an order requiring permission to be determined on the papers within 7 days of receipt of the AOS (or expiry of the time for filing it) is justified. However, I accept that a degree of expedition is called for and so I have required that the papers are placed before a judge within 7 days of receipt of the AOS (or expiry of the ordinary time for filing the AOS).