RA1 -v- Secretary of State for Defence and another (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-002017

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

14 June 2024

Before:

The Honourable Mr Justice Mould

Between:

The King on the application of
RA1

-v-

Secretary of State for Defence

Secretary of State for Foreign, Commonwealth and Development Affairs

and

RA2-RA8
(interested parties)


Order

On an application by the Claimant for urgent consideration

Following consideration of the documents lodged by the Claimant

ORDER by the Honourable Mr Justice Mould

1. Pursuant to CPR Rule 39.2(4) neither the Claimant’s nor the Interested Parties’ identities are to be disclosed.

2. In any publication or broadcast relating to these proceedings, the Claimant shall be known as ‘RA1’ and the Interested Parties as ‘RA2 – RA8’ respectively. There shall be no publication in any newspaper or other media or other disclosure of any name, address, image or other information tending to identify the Claimant or her child in relation to her involvement in these proceedings.

3. Pursuant to CPR Rule 5.4C a person who is not a party to the proceedings may obtain a copy of the statement of case, judgment or order from the court records only if a statement of case, judgment or court order has been anonymized such that:
i. The Claimant is referred to in those documents as RA1 and the Interested Parties as RA2-RA8;
ii. The address of the Claimant and the Interested Parties has been deleted from those documents;
iii. For the purpose of this claim, including any statement of case, judgment, order or other document, the Claimant shall be known as RA1 and the Interested Parties as RA2-RA8.

4. In so far as any statement of case, judgment, order or other document to which anyone might have access pursuant to CPR Rule 5.4A – D does not comply with paragraph 3 above, the Claimant’s solicitors have permission to file with the court copies of any such document adjusted so that it does comply. Such copies are to be treated for all purposes as being in substitution for the relevant original; and the originals are then to be retained by the court in a sealed envelope marked “not to be opened without the permission of a judge or master of the King’s Bench Division”.

5. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this order, providing that any such application is made on notice to the Claimant’s solicitors and that 7 working days’ prior notice of the intention to make such an application is given. The Court will affect service of the application.

6. Time for filing and service by the Defendants of their acknowledgements of service and summary grounds of defence pursuant to CPR 54.8 is abridged to 10 days after service of this order.

7. Time for filing and service of any reply pursuant to CPR 54.8A is abridged to 4 days after service of any acknowledgement of service.

8. The application for permission to apply for judicial review shall be placed before a judge for consideration as soon as possible in the week beginning Monday 1 July 2024.

9. Liberty to apply.

10. Costs reserved.

11. A copy of this order shall be published on the Judicial Website of the High Court of Justice specifying that the Claimant shall be referred to as ‘RA1’ and the Interested Parties as ‘RA2 – RA8’.

Reasons

1. I am satisfied that the interests of justice require anonymity for the Claimant and the Interested Parties in this case, for their protection.

2. There is obvious urgency in this case which merits the abridgment of time for service under CPR 54.8 and 54.8A. It is appropriate to give liberty to apply.