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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-002923

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

30 October 2024

Before:

David Pievsky KC sitting as a Deputy High Court Judge

Between:

The King on the application of
TVN

-v-

Secretary of State for the Home Department

Order

Notification of the Judge’s decision on the application for permission to apply for judicial review (CPR 54.11, 54.12)

Following consideration of the documents lodged by the Claimant and the Acknowledgment of service filed by the Defendant

ORDER by David Pievsky KC sitting as a Deputy High Court Judge:

  1. The application for permission to apply for judicial review is granted.
  2. The substantive hearing is to be listed for 1 day; the parties to provide a written time estimate within 7 days of service of this order if they disagree with this direction.
  3. The Claimant’s name shall be anonymised and referred to as TVN in these proceedings. No person shall disclose the identify of the Claimant’s name or address, or information that may lead to the identification of the Claimant. Pursuant to CPR 5.4C a non-party may obtain a copy of pleadings, Judgments or Orders only if they have been anonymised such that the Claimant is referred to as TVN in those documents and any address removed.

Observations

  1. In my Judgment it is properly arguable that the Defendant’s apparent conclusion that the Claimant had never “consented” to being provided with relevant MSVCC support was not rational or lawful. The matter is suitable for determination at a substantive hearing after the Defendant has provided a full defence and any relevant underlying materials. For the avoidance of doubt, permission is granted on both grounds.
  2. Balancing the fundamental importance of open justice on the one hand, against the risk to the Claimant (a victim of repeated trafficking, with mental health issues) on the other, an anonymity order is in my Judgment justified in this case. If the Defendant has any concerns about anonymity, that should be raised in its Detailed Grounds of Resistance.

Case Management Directions

  1. The Defendant and any other person served with the Claim Form who wishes to contest the claim or support it on additional grounds shall, within 35 days of the date of service of this Order, file and serve (a) Detailed Grounds for contesting the claim or supporting it on additional grounds, and (b) any written evidence that is to be relied on. For the avoidance of doubt, a party who has filed and served Summary Grounds pursuant to CPR 54.8 may comply with (a) above by filing and serving a document which states that those Summary Grounds shall stand as the Detailed Grounds required by CPR 54.14.
  2. Any application by the Claimant to serve evidence in reply shall be filed and served within 21 days of the date on which the Defendant serves evidence pursuant to 1(b) above.
  3. The parties shall agree the contents of the hearing bundle and must file it with the Court not less than 4 weeks before the date of the hearing of the judicial review. An electronic version of the bundle shall be prepared and lodged in accordance with the Guidance on the Administrative Court website. The parties shall, if requested by the Court lodge 2 hard-copy versions of the hearing bundle.
  4. The Claimant must file and serve a Skeleton Argument not less than 21 days before the date of the hearing of the judicial review.
  5. The Defendant and any Interested Party must file and serve a Skeleton Argument not less than 14 days before the date of the hearing of the judicial review.
  6. The parties shall agree the contents of a bundle containing the authorities to be referred to at the hearing. An electronic version of the bundle shall be prepared in accordance with the Guidance on the Administrative Court website. The parties shall if requested by the Court, prepare a hard-copy version of the authorities bundle. The electronic version of the bundle and if requested, the hard copy version of the bundle, shall be lodged with the Court not less than 3 days before the date of the hearing of the judicial review.