R on the application of ACN -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim no: AC-2024-LON-003619

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

5 November 2024

Before:

Hon. Mrs Justice McGowan

Between:

The King
on the application of
ACN

-v-

Secretary of State for the Home Department

………………………………………………………………………………………………………………………………………………………………………………………………..

On an application by the Claimant for urgent consideration, interim relief and directions

Following consideration of the documents lodged by the Claimant

ORDER by the Hon. Mrs Justice McGowan

  1. Anonymity:

(a) Under the Court’s inherent jurisdiction and pursuant to s. 6 of the Human Rights
Act 1998:

(i) the Claimant’s name is to be withheld from the public and must not be disclosed in any proceedings in public; and

(ii) the Claimant is to be referred to orally and in writing as ACN.

(b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or of any matter likely to lead to the identification of the Claimant in any report of, or otherwise in connection with, these proceedings.

(c) Pursuant to CPR 5.4C(4)

(i) the parties must within 7 days file and serve a redacted copy of any statement of case already filed, omitting the name, address and any other information likely to lead to the identification of the Claimant;

(ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant, a redacted copy omitting that information must be filed at the same time and must then be served with the unredacted version;

(iii) unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case.

(d) Any person wishing to vary or discharge this Order must make an application, served on each party.

Prohibitory injunction:

(a) The Defendant must not require the Claimant to relocate to Napier Barracks until further order.

(b) The Defendant may apply to vary or discharge paragraph 2(a) above, on two days’ written notice, any such application to be served on the Claimant and court.

THIS IS A [MANDATORY/PROHIBITORY] INJUNCTION. IT MUST BE COMPLIED WITH UNLESS AND UNTIL IT IS SET ASIDE BY A COURT, EVEN IF AN APPLICATION TO VARY OR DISCHARGE IT HAS BEEN MADE UNDER PARAGRAPH 2(b) ABOVE. BREACH MAY GIVE RISE TO PROCEEDINGS FOR CONTEMPT OF COURT. SEE ADMINISTRATIVE COURT JUDICIAL REVIEW GUIDE 2024, §17.7.4

Abridgement of time and expedition:

(a) The Defendant’s Acknowledgement of Service (CPR 54.8) must be filed and served by 4pm on 20 November 2024.

(b) An interim relief hearing to be listed inter parties to be listed on the first available date 14 days after service of the Defendant’s Acknowledgement of Service with a time estimate of 2 hours

REASONS

Anonymity: It is necessary to grant anonymity in the interests of protecting personal and confidential information relating to the Claimant. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.

Prohibitory injunction: It is necessary to maintain the Claimant’s current position until the court has determined the matter. Damages would not provide adequate compensation for a loss of residence which would almost certainly be permanent if he were moved now.

Abridgement of time and expedition: It is necessary for both parties to act expeditiously in this case. The Claimant is entitled to seek protection and the Defendant is entitled to have their position ventilated. The interim relief granted can only hold the position for a limited time.

Signed: Mrs Justice McGowan Dated: 5/11/24