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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2023-LON-003766

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

27 March 2024

Before:

David Elvin KC (sitting as a Deputy High Court Judge)

Between:

R (on the application of SM)

-v-

Secretary of State for the Home Department

Order

UPON the Claimant’s application for judicial review and interim relief and the documents lodged therein

AND UPON considering the Claimant’s submissions and evidence in support of his application for anonymity
AND UPON the Defendant subsequently agreeing to withdraw the challenged decision to move the Claimant to Napier Barracks;

BY CONSENT, it is ordered that:-

  1. Pursuant to rule 39.2 of the Civil Procedure Rules 1998, the identity of the Claimant shall not be disclosed directly or indirectly and this matter
  2. Pursuant to r.5.4C CPR 1998 that 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.
  3. The Claimant does have leave to withdraw the above-numbered claim for Judicial Review;
  4. The liability for the costs of this matter to be determined by the Court following costs submissions by the parties on the following basis:
    4.1 The Defendant to file and serve any evidence that the decision to withdraw the challenged decision was made in response to the Claimant’s Pre-action Protocol letter dated 05 December 2023 within 7 days of this consent order being sealed;
    4.2 The Claimant to confirm within 7 days of expiry of the period in paragraph 4.1 above whether the Claimant maintains the Defendant is liable for costs;
    4.3 If the Claimant maintains his claim for costs:
    a) The Defendant to file costs submissions limited to two A4 pages within 7 days of the expiry of the period in paragraph 4.2 above;
    b) The Claimant to file costs submissions limited to two A4 pages within 7 days of being served the Defendant’s cost submissions;
    c) The Defendant to file any reply limited to two A4 pages within 7 days of being served the Claimant’s cost submissions.
    4.4 If the Claimant does not maintain his claim for costs, there be no order as to costs.
  5. The Claimant’s publicly funded costs will be subject to a detailed assessment in accordance with the Civil Legal Aid (Costs) Regulations 2013.