RP -v- Secretary of State for Defence (anonymity order)

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2024-LON-002758

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

In the matter of an application for judicial review

20 December 2024

Before:

the Hon. Mr Justice Chamberlain

Between:

The King
on the application of
RP
(Claimant)

-v-

Secretary of State for Defence
(Defendant)

and

RR
ZP
MP
MM
and
IP
(Interested Parties)

Order

On the application by the claimant for permission to apply for judicial review

Following consideration of the documents lodged by the claimant and the defendant

ORDER by the Hon. Mr Justice Chamberlain:

Anonymity:

(a) Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction:

(i) the names of the claimant and interested parties are 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 “RP”; and

(iii) the interested parties are to be referred to orally and in writing as RR, ZP, MP, MM and IP.

(b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the claimant or interested parties of any matter likely to lead to their identification 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 a redacted copy of any statement of case filed, omitting the name, address and any other information likely to lead to the identification of the claimant or interested parties;

(ii) if any statement of case subsequently filed includes information likely to lead to the identification of the claimant or interested parties, a redacted copy omitting that information must be filed at the same time;

(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.

  1. The application for permission to apply for judicial review is adjourned to be determined at a hearing, time estimate 2 hours. The hearing is to be fixed after consultation with counsel, but must in any event be fixed before the end of January 2025.

REASONS

Anonymity: There is evidence that naming the Claimant and/or members of his family will increase the risk they face. The claim also involves consideration of personal medical information relating to one of the interested parties in which that party has a reasonable expectation of privacy. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.

The Court would be assisted by oral argument. Given that the gravamen of the claim is delay, and given the risks to which the claimant says he and his family are exposed, it is important that the hearing be listed soon.

Signed: Mr Justice Chamberlain

Dated: 20 December 2024