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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/2339/2023

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

23 June 2023

Before:

The Honourable Mrs Justice Stacey

Between:

The King on the application of
SXM

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for interim relief
Following consideration of the documents lodged by the Claimant
ORDER by the Honourable Mrs Justice Stacey

  1. The Claimant’s application for an anonymity order is granted under CPR 39.2(4) and/or the general case management powers in CPR r. 3.1(2). The Claimant in this action shall have anonymity until further order. No report or publication of these proceedings shall directly or indirectly identify the Claimant. Pursuant to CPR r.5.4(c), a person not a party to the proceedings may obtain a copy of the statement of case, judgment or order of the court records, only if the statement of case, judgment or order from the court has been anonymised. In the case title, the Claimant’s name shall be replaced by the initials ‘SXM’. Failure to comply with this direction could lead to contempt of Court proceedings.
  2. The Defendant shall file and serve her response to the interim relief application together with any evidence upon which she wishes to rely within 6 days of date of this order to include details of the steps taken to find adequate accommodation for the Claimant.
  3. Thereafter the papers will be placed before a judge on 30 June 2023 or as soon as possible thereafter to consider permission and whether to refuse or grant the application for interim relief or list for an oral interim relief hearing or make other direction.
  4. Liberty to apply to vary or set aside this order on reasonable notice.
  5. Costs reserved.

Reasons

  1. It has been acknowledged that the dispersal into accommodation for Claimant, her spouse and new born should be expedited. The question is whether it is being found fast enough given the extent of the medical problems they are experiencing.
  2. The Defendant is entitled to have the opportunity to respond to the Claimant’s application, but time is abridged giving the apparent urgency so that the matter can be referred back to a judge as soon as possible with the benefit of the defendant’s response.
  3. The issues are straightforward and the parties should be aware that a judge may consider it appropriate to decide the application without the need for an oral hearing.