Secretary of State for the Home Department -v- KIB (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Case number: AC-2024-LON-003811
In the High Court of Justice
King’s Bench Division
Administrative Court
25 November 2024
Before:
Mr Justice Johnson
Between:
Secretary of State for the Home Department
(Applicant)
-v-
KIB
(Respondent)
Order
UPON the applicant’s application for an anonymity order pursuant to CPR 80.15 and paragraph 6 of schedule 4 to the Terrorism Prevention and Investigation Measures Act 2011
AND UPON consideration of sections 6 and 12 of the Human Rights Act 1998, the respondent’s article 8 ECHR right to respect for private and family life and the right to freedom of expression under article 10 ECHR and the open justice principle
AND UPON it appearing that non-disclosure of the identity of the respondent is necessary in order to protect the interests of the respondent
IT IS ORDERED BY CONSENT THAT:
Identity and address
1. The respondent is to be identified only as KIB for the purpose of these proceedings.
2. The identity of the respondent as a person subject to Terrorism Prevention and Investigation Measures is confidential. No information shall be published that would or would tend to identify the respondent as being a person subject to such measures. This prohibition shall include but not be limited to the publication of:
a. information that a person subject to Terrorism Prevention and Investigation Measures resides in the town and/or at the address at which the respondent is residing or has resided while subject to a TPIM notice; and
b. information that would or would tend to identify the respondent’s relatives as being the relatives of a person subject to a TPIM notice.
3. The information referred to in paragraph 2 above should be known as the “prohibited information”.
4. “Published”, as used in paragraph 2, refers to the:
a. dissemination of the prohibited information to the public, or any section of the public, by way of newspaper, magazine, leaflet, journal or in any other paper form;
b. broadcast and or sharing the prohibited information with the public, or any section of the public, in any sound or television format on radio, satellite, or cable or television; and/or
c. dissemination to and/or sharing of the prohibited information with the public or any section of the public on any internet site or electronic/digital forum or by way of social media or email.
5. If any person considers that they are or may be aware of the identity or address of a TPIM subject they must, before publishing such information, contact olivia.phelan@governmentlegal.gov.uk / keith.breene@governmentlegal.gov.uk / emma.hall@governmentlegal.gov.uk / sophia.khan@governmentlegal.gov.uk to seek assurance that the individual concerned is not KIB or otherwise a TPIM subject in respect of whom an anonymity order is in force.
6. The prohibition on the prohibited information being published, as set out at paragraph 2, shall not apply where and to the extent that publication is necessary:
a. for the effective and proper management and enforcement of the respondent’s TPIM notice; and/or
b. for the protection of national security and/or the international relations of the United Kingdom; and/or
c. for the detention and/or prevention of crime.
Court files and documents filed
7. Any OPEN document disclosing the respondent’s name or address already filed in these proceedings shall be replaced by a document describing such name or address in anonymised form as set out in this order.
8. The court’s paper and digital files are to be marked “subject to an anonymity order”.
Miscellaneous
9. This orders to remain in force until further order.
10. Either party may apply to vary this ordered by application notice.
11. A non-party affected by this order may apply on 3 days’ notice to all parties to have this order set aside or varied.
12. A copy of this order is to be published on the Judiciary website.
13. Costs in the case.
Dated this 25th day of November 2024