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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-002758

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

11 December 2024

Before:

The Hon Mrs Justice Farbey

Between:

The King on the application of
RP

-v-

Secretary of State for Defence

and

(1) RRP
(2) ZP (a child)
(3) MP1( a child)
(4) MP2 (a child)
(5) IP (a child)
All the children by RP as Litigation Friend
(interested parties)

Order

UPON the parties agreeing to stay the case by consent pending the outcome of a new expedition assessment;

AND UPON the Defendant making a new expedition assessment dated 23 September 2024;

AND UPON the parties filing terms of consent for the management of the claim;

AND UPON requesting and, making follow-up enquiries as to, a certificate of suitability for the child Interested Parties;

AND UPON deciding that the interests of the administration of justice required the terms of consent to be considered without further delay and without having received a certificate of suitability;

AND UPON therefore making case management directions in an Order dated 7 December 2024 including directions in relation to the appointment of a litigation friend for the child Interested Parties;

AND UPON having been informed that the Claimant’s solicitors had in fact, prior to the Order being made, filed a certificate of suitability through appropriate channels;
AND UPON the Court not forwarding the certificate of suitability to the Judge and misfiling the certificate such that it was not visible to the Judge as having been filed when checking the electronic system;

AND UPON the Claimant’s solicitors querying the 7 December Order with the Court;

AND UPON deciding to treat the Claimant’s solicitors’ query as an application to vary the 7 December Order and waiving the requirement of an application notice and fee

IT IS ORDERED WITHOUT NOTICE :

  1. Paragraphs 1-3 of the 7 December Order remain the same and are not varied.
  2. Paragraph 4 has been satisfied and does not require further action.
  3. Paragraph 5 is varied as follows:
    (i) The Defendant’s solicitors shall at the same time as filing and serving the Acknowledgement of Service and Summary Grounds of Defence send a copy to the clerk to Farbey J; and
    (ii) The papers shall be placed before a Judge (which need not be Farbey J) for consideration of permission to apply for judicial review and/or further directions as soon as possible and as a matter of urgency after the Defendant has filed the Acknowledgement of Service and Summary Grounds of Defence.

REASONS: This claim must progress smoothly from now onwards. For that reason, as per para 5(i) above, I would be grateful if GLD could let my clerk know when the AOS/summary grounds are lodged. I can then provide judicial supervision of the expedited permission decision which my previous Order was intended to achieve.

I will issue a revised anonymity order showing the litigation friend in the title.

REVISED ANONYMITY ORDER

UPON it appearing that non-disclosure of the identity of the Claimant and Interested Parties is necessary in order to protect the interests of the Claimant’s and Interested Parties’ private lives, pursuant to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rule 5.4C of the Civil Procedure Rules

IT IS ORDERED:

  1. The Claimant shall hereinafter be referred to in these proceedings as RP and the Interested Parties by the letters in the title of the Claim as set out above.
  2. Pursuant to CPR rule 39.2(4) there shall not be disclosed in any report of the proceedings the name or address of the Claimant or Interested Parties or any details leading to the identification of the Claimant or any of the Interested Parties.
  3. 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 Claimant is referred to in those documents only as RP and the Interested Parties by the letters in the title of the Claim as set out above; and (b) any reference to the name of the Claimant and Interested Parties be deleted from those documents.
  4. Any person affected by this Order may apply on notice to all parties to have this Order set aside or varied.
  5. Pursuant to CPR 39.2(5), a copy of this order shall be published on the website of the Judiciary of England and Wales (which may be found at www.judiciary.uk).