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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim Number: AC-2024-LON-003220

In the High Court of Justice
King’s Bench Division
Administrative Court
In the matter of an application for judicial review

27 September 2024

Before:
The Honourable Mr Justice Ritchie

Between:

The King
on the application of
TTG
(represented by the Official Solicitor as his litigation friend)

-v-

The Secretary of State for the Home Department

Interested Party:
Milton Keynes City Council

Anonymity Order

BEFORE the Honourable Mr Justice Ritchie sitting at the Royal Courts of Justice, the Strand, London on 26.9.2024.

UPON CONSIDERING an application for anonymity by the Claimant dated 25.9.2024 and the bundles filed herein.

AND UPON the Court noting that the Claimant is a person who may lack capacity and is mentally vulnerable.

AND UPON:
(a) consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression;
(b) the Defendants making no representation in relation to the order and there being no representations from the press or the interested party.

AND UPON IT APPEARING that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant.

AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.

NOW IT IS ORDERED:

Identity and address

  1. That the identity of the Claimant shall not be disclosed.
  2. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. The publication of the name and address of the Claimant is prohibited.

    Documents filed in future
  3. That the name of Claimant shall be described in all statements of case and other documents to be filed or served in the proceedings in future and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “TTG”.
  4. That the address of the Claimant shall be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.

    Court files
  5. That in so far as necessary, any statement of case or other document disclosing the Claimant’s name or address already filed in the proceedings shall be replaced by a document describing such name or address in anonymised form as above.
  6. That the original of any such document disclosing the name or address of the Claimant placed on the Court file (digital or paper) shall be marked “confidential: not to be opened without the permission of a Master or High Court Judge”.
  7. That a non-party may not inspect or obtain a copy of any document on or from the Court’s paper or digital files (other than this order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on 14 days notice to the Claimant’s solicitor or deputy and the Court will effect service.
  8. The Court’s paper and digital files are to be marked “subject to an Anonymity Order”.

    Variation
  9. That the Defendant or the Interested Party may apply in writing under rule 23.10 to have this Order set aside or varied.
  10. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.

Reasons:

  1. There is ample evidence before me that the Claimant is very underweight and malnourished despite being in custody for over a year. He is in Asylum detention. He is applying for his release but only with support and accommodation.
  2. There is evidence that he may lack capacity and a litigation friend is appointed in the other Order which I have made today. The main Order about the judicial review claim is not contained herein but is dated today.

DATED 26 September 2024