Secretary of State for Justice -v- XDW (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2026-LON-001596

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

In the matter of an application referring a release decision
pursuant to s.256AZBA of the Criminal Justice Act 2003

8 May 2026

Before:

The Hon. Mr Justice Pepperall

Between:

Secretary of State for Justice
(Claimant)

-v-

XDW
(Defendant)

Order

Upon consideration of the documents lodged by the Claimant

And of the court’s own initiative

ORDER BY THE HON. MR JUSTICE PEPPERALL

Anonymity

  1. Pursuant to r.39.2(4) of the Civil Procedure Rules 1998 and/or the court’s inherent jurisdiction and/or s.6 of the Human Rights Act 1998:
    (a) the names of the Defendant and, during their lifetimes, the victims of his sexual offending are to be withheld from the public and must not be disclosed in any proceedings in public;
    (b) the Defendant and such victims are not to be referred to in open court by their real names; and
    (c) the Defendant shall be referred to in the court list and any further documents filed by the parties by the cipher XDW.
  2. Pursuant to s.1 of the Sexual Offences (Amendment) Act 1992 and s.11 of the Contempt of Court Act 1981, no matter relating to any victim of the Defendant’s sexual offending, including the name of the Defendant, shall during such victim’s lifetime be included in any publication if it is likely to lead members of the public to identify that person as the victim of a sexual offence.
  3. Pursuant to r.5.4C(4):
    (a) the Claimant must by 4pm on 15 May 2026 file a redacted copy of the claim form, omitting the Defendant’s name and any other information likely to lead to the identification of the victims of his sexual offending;
    (b) if any statement of case subsequently filed includes the Defendant’s name or  
    (c) any other information likely to lead to the identification of such victims, a redacted copy omitting that information must be filed at the same time; and unless the Court grants permission under r.5.4C(6), no non-party may obtain a copy of any unredacted statement of case.
  4. A copy of this order shall be published on the website of the Judiciary of England & Wales in accordance with r.39.2(5).

Case Management Hearing

  1. This case be listed for an in-person hearing at the Royal Courts of Justice before Mr Justice Pepperall at 2pm on Monday 18 May 2026 with a time estimate of two hours to determine whether the case should be struck out for failure to serve the claim form as required by r.77.19(2) and, if not, to consider directions for the further management of this case [“the Case Management Hearing”].
  2. The court will hear any person wishing to vary or discharge any of paragraphs 1-3 of this order at the Case Management Hearing.
  3. The Claimant do make any application to extend time for service of the claim form pursuant to r.3.1(2)(a) by 4pm on Monday 11 May 2026. Any such application made by that deadline be listed for hearing at the Case Management Hearing.
  4. The parties do file and exchange any evidence they wish to rely on for the purpose of the Case Management Hearing by no later than 4pm on Wednesday 13 May 2026.
  5. The parties do file and exchange their draft directions for the further management of this case by 4pm on Wednesday 13 May 2026.
  6. The Claimant do lodge an indexed, paginated and searchable electronic bundle of documents (agreed if possible) for the Case Management Hearing by 4pm on Thursday 14 May 2026 and, by the same deadline, provide a copy to the Defendant. Such bundle should not repeat documents already contained in the Claimant’s Bundle of Supporting Documents.
  7. The parties do file and exchange skeleton arguments in respect of the Case Management Hearing by 12pm on Friday 15 May 2026.
  8. The Claimant do lodge an indexed, paginated and searchable electronic bundle of authorities (agreed if possible) for the Case Management Hearing by 4pm on Friday 15 May 2026.
  9. This order has been made without hearing the parties. Accordingly, and without prejudice to paragraph 6 of this order, either party can apply to have this order set aside, varied or stayed pursuant to r.3.3(5) provided that any such application is made no later than 4pm on Monday 11 May 2026.  
  10. The Claimant do make arrangements to ensure that the Defendant has the opportunity to attend the Case Management Hearing by prison video link if he wishes to do so with pre-hearing conference facilities with his counsel by no later than 1.30pm on the day of the hearing.

      OBSERVATIONS

      (1) The parties are reminded that time is of the essence in these proceedings since the making of this claim suspends the Claimant’s obligation to release the Defendant in accordance with the Parole Board’s direction. Accordingly, the court expects the parties to cooperate in preparing this case with all due expedition. Further, in addition to filing documents at court, the parties should liaise directly with and provide electronic copies of filed and lodged documents directly to the judge’s clerk using the email address Nancy.Bird@justice.gov.uk

      (2) The provisions of the Sexual Offences (Amendment) Act 1992 apply in this case and no matter relating to each of the victims of the sexual offences committed by the Defendant shall, during that person’s lifetime, be included in any publication if it is likely to lead members of the public to identify her as the victim of a sexual offence. Given the family connection between the Defendant and the victims, it is necessary also to withhold and prevent the publication of the Defendant’s name in order to ensure the victims’ anonymity. The orders at paragraphs 1-3 allow these proceedings to be heard in public and involve a lesser derogation from the principle of open justice than sitting in private.

      (3) Mr Justice Pepperall does not require additional hard copies of documents that have been properly filed or lodged electronically.

      Date: 8 May 2026