RXJ -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/2492/2023

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

7 July 2023

Before:

Tim Smith (sitting as a Deputy High Court Judge)

Between:

The King on the application of
RXJ

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for permission to proceed with judicial review and for interim relief
Following consideration of the documents lodged by the Claimant
ORDER by Tim Smith (sitting as a Deputy High Court Judge)

  1. Pursuant to CPR39.2(4) the Claimant shall be referred to in these proceedings as “RXJ”
  2. Pursuant to CPR39.2(4) there shall not be disclosed in any report of the proceedings the name or address of the Claimant or any details leading to the identification of the Claimant. The Claimant, if referred to, shall only be referred to as “RXJ”
  3. Within 7 days after service of the sealed Order the Defendant shall file with the Court and serve on the Claimant its response to the interim relief application
  4. Upon receipt of the Defendant’s response as set out in paragraph 3 above (or, if none, upon the expiry of the 7 day period) the papers shall be put before a Judge for urgent consideration
  5. Costs reserved

Reasons

1) The Claimant is clearly a vulnerable person and in such circumstances it is appropriate that she be granted anonymity in the terms sought
2) The Court will be assisted by seeing the Defendant’s response to the interim relief application. Whilst there has been a response to pre-action correspondence this was not based on the full documentation now provided by the Claimant. I appreciate the need for urgency on the facts as presented in the interim relief application. I consider it appropriate to abridge the period for the Defendant to respond, as provided for in paragraph 3 of the Order
3) I do not consider it appropriate to prejudge the means of deciding the interim relief application by ordering that there be an inter partes hearing on 14th July, as sought by the Claimant in the draft form of Order. It may be that the interim relief application can be dealt with by the Court on the papers without the need for an hearing. It is though appropriate that the application be referred to a Judge for urgent consideration whereupon the Judge may, of course, decide to adjourn the application to an hearing.