RM and another -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/2139/2023

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

14 June 2023

Before:

The Honourable Mr Justice Linden

Between:

The King on the application of
RM ( A child by her Litigation Friend AM)

and

AM

-v-

Secretary of State for the Home Department

Order

On an application by the Claimants, dated 9 June 2023, for anonymity and expedition
Following consideration of the documents lodged by the Claimants
ORDER by the Honourable Mr Justice Linden

  1. The Defendant will file an Acknowledgment of Service pursuant to CPR r54.8(2)(a), summary grounds of defence and proposed directions in the light of the Claimant’s application for expedition.
  2. The Claimant will file any evidence in reply and proposed directions by 4pm on Friday 7 July 2023.
  3. The papers will be put before a judge for consideration of permission and directions within 14 days of the Acknowledgement of Service and other documents referred to at paragraph 1, above, being filed with the Court i.e. on or before 14 July 2023.
  4. Pursuant to CPR rule 39.2(4), there shall not be disclosed in any report of the proceedings the name or address of the Claimants or any details leading to their identification. If referred to, they shall only be referred to as indicated above.
  5. Pursuant to CPR rule 5.4C a person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the court records only if the statement of case, judgment or order has been anonymised such that: (a) the Claimants are referred to in those documents only as indicated above. and (b) that any reference to the names of the Claimant be deleted from those documents.
  6. Any person affected paragraphs 4 and 5 of this Order may apply on notice to have them set aside or varied.

Reasons

  1. The First Claimant is an 11 year old child whose father, the Second Claimant, fled from Afghanistan in July 2021 and whose mother sadly died in August 2021. She is currently in Afghanistan and, although she is being cared for by her paternal uncle, there is a need to resolve her position sooner rather than later. The fact that there have been substantial delays in bringing the matter before the court is very unfortunate and may be the subject of further consideration at the permission stage, but for the time being it seems to me that the procedural course proposed on behalf of the Claimants is justified.
  2. The question of expedition will be considered by the judge who deals with permission and any other issues pursuant to paragraph 3 of my Order above.