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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-002892

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

18 September 2024

Before:

Judge O’Connor (sitting as a Judge of the High Court)

Between:

The King on the application of
SR

-v-

Secretary of State for the Home Department

and

MJ
(Interested party)

Order

On an application by the Defendant for an extension of time to file and serve Detailed Grounds of Defence

Following consideration of the documents lodged by the Claimant, and the Defendant

ORDER by Judge O’Connor (sitting as a judge of the High Court)

1. The Claimant’s and the Interested Party’s application for Anonymity is GRANTED, and pursuant to CPR Rule 5.4A-5.4D and Rule 39.2, with effect from the date of this order until further order.
(a) There shall be substituted for all purposes of this case, in place of references to the name of the Claimant, reference to “SR”;
(b) There shall be substituted for all purposes of this case, in place of references to the name of the Interested Party, reference to “MJ”;
(c) In so far as any Statement of Case, Judgment, Order or other documents to which anyone might have access pursuant to CPR Rule 5.4A – D does not comply with paragraphs (a) and (b) above, the Claimant’s Solicitors have permission to file with the Court copies of any such document adjusted so that it does comply. Such copies are to be treated for all purposes as being in substitution for the relevant original;
(d) There shall be no publication of any name, address, picture or other information likely to lead to the identification of the Claimant or Interested Party as being the Claimant or Interested Party in these proceedings;
(e) In paragraph 1(d) “publication” means communication to the public or any section of the public. It includes publication in a newspaper or broadcast, or on the internet, by any person;
(f) The Defendant, and any party served with or given notice of the anonymity order, has permission to apply to discharge or vary that order. Any application for that purpose must be made in writing, on notice to all parties;
(g) Any application for permission to inspect or obtain a non-anonymised version of a document must be made on notice to the Claimant and the Interested Party and in accordance with CPR r.5.4C(6).

2. The papers are to be referred to a judge or deputy judge for consideration of the application for permission on 1st October 2024, or as soon as practicable thereafter.

3. Costs reserved.

Reasons

  1. In light of the Claimant’s and Interested Party’s personal circumstances, I am satisfied that anonymisation is necessary in the interests of justice. This application was not opposed.
  2. The Claimant’s application for expedition does not seek to abridge the time by which the Defendant is required, under the CPR, to serve the Acknowledgement of Service. In fact, the date for service of AoS has now passed. The AoS has not been put before me, nor has an application to extend time for its service. That does not, however, mean that it has not been filed.
  3. It is normally appropriate for applications to be considered by the Court in turn. However, I accept that, in the circumstances of this case, at least on the information I currently have before me, it is appropriate for this matter to be dealt with promptly, and for it to ‘jump the queue’ of those permission applications waiting consideration.