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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/2302/2023

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

7 July 2023

Before:

The Honourable Mrs Justice Lang DBE

Between:

The King on the application of
TVD

-v-

Secretary of State for the Home Department
(HO Ref: D3022469)

Order

On the Claimant’s application for an anonymity order and interim relief;
Following consideration of the documents lodged by the parties;
Order by the Honourable Mrs Justice Lang DBE

  1. Pursuant to CPR r.39.2, in any report of these proceedings, there shall be no publication of the name and address of the Claimant, nor any other particulars likely to lead to his identification. In the proceedings, the Claimant shall be anonymised and referred to as “TVD”.
  2. Within 14 days of the date of this order, the Claimant’s solicitors shall file with the Court copies of case documents which have been anonymised and/or redacted to protect the identity of the Claimant, in accordance with paragraph 1 above.
  3. Non-parties may not obtain any documents from the court file which have not been anonymised and/or redacted to protect the identity of the Claimant, in accordance with paragraph 1 above.
  4. The application for interim relief is to be listed for an oral hearing as soon as possible, having regard to the availability of counsel, but in any event no later than 24 July 2023.
  5. The Defendant shall file and serve its Acknowledgment of Service and Summary Grounds of Resistance no more than 21 days after service of the claim form, in accordance with CPR r.54.8.
  6. Liberty to apply on 2 days notice to the other party.
  7. Costs reserved.

Reasons

  1. I have granted an anonymity order as the Claimant is at risk as a recognised victim of trafficking who has a pending claim for asylum. In the circumstances, a departure from the general principle of open justice is justified.
  2. This application ought to be heard and determined at an oral hearing so that the availability of accommodation from the Salvation Army, and the Defendant’s position in regard to his release from detention can be confirmed. The hearing is to be expedited as the Claimant’s liberty is at stake.