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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case No: CO/3709/2022

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

11 October 2022

Before:

The Honourable Mr Justice Eyre

Between:

The King on the application of
TV

-v-

Secretary of State for the Home Department

On an application by the Claimant for anonymisation and interim relief
Following consideration of the documents lodged by the Claimant

ORDER by the Honourable Mr Justice Eyre

  1. The Claimant’s application for an anonymity order is granted pursuant to CPR r. 39.2(4) and/or the general case management powers in CPR r. 3.1(2).
  2. The Claimant in this action shall have anonymity until further order and shall be known as TV and her name shall be replaced in the case title by those letters.
  3. No report or publication of these proceedings shall directly or indirectly identify the Claimant.
  4. 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 such statement of case, judgment or order has been anonymised.
  5. The Defendant may respond to the application for interim relief by 4.00pm on 18th October 2022.
  6. The papers are to be referred to a judge or deputy judge of the Administrative Court on 19th October 2022 or as soon as practicable thereafter for consideration of the Claimant’s application for interim relief.
  7. Such reference is to be made even if at the time of the referral the Defendant has not yet responded to the application for interim relief.
  8. In the event that the Defendant files a response to the application for interim relief before 4.00pm on 18th October 2022 then the papers are to be referred to such a judge or deputy judge for such consideration as soon as practicable after the receipt of such response.
  9. Costs reserved.

This order has been made without a hearing. Any party affected by this order may apply within 7 days of the service of this order on that party to have it set aside, varied, or stayed.

Reasons

  1. For the reasons set out in the application for anonymisation this is a case where notwithstanding the importance of public justice it is necessary for there to be anonymisation to secure the proper administration of justice.
  2. The matters advanced by the Claimant appear to indicate a case where there should be speedy consideration of the application for interim relief. It remains, however, necessary that the Defendant be given a proper opportunity to respond to that application.
  3. In my judgement the timetable set out above properly balances the interests of the Claimant with the need for the Defendant to be given such a proper opportunity.
  4. The Claimant sought an order that determination by a judge be within 10 days of the date of this order. I have not made such an order because the capacity of the court to determine the matter will depend on the availability of judges and the other demands on the court’s time. As a result it may for proper reasons not be practicable for a
    determination to be made in the time proposed by the Claimant. However, I am satisfied that the timetable set out will enable appropriately speedy determination of the Claimant’s application.