U3 -v- The National Crime Agency and another (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case No: CO/3922/2022

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

14 December 2022

Before
The Honourable Mr Justice Lane

Between:
The King on the application of U3
-v-
The National Crime Agency
and
The Commissioner of Police of the Metropolis (interested party)

Upon considering (1) the claimant’s application for anonymity and (2) the defendant’s application for a stay on proceedings
And Upon the written objections of the claimant to the application for a stay and related materials

Order

  1. Pending the final determination of this claim, pursuant to CPR r.39.2(4), the claimant’s identity shall not be disclosed and there shall be substituted for all purposes in these proceedings in place of references to the claimant by name, and whether orally or in writing, references to the letter/number “U3”.
  2. Pending the final determination of this claim, pursuant to s.11 of the Contempt of Court Act 1981, no person shall publish (as defined in s.2 of the Act) in connection with these proceedings the claimant’s name or any information likely to lead to the identification of the claimant in connection with the proceedings.
  3. Any person affected by paragraphs 1 – 2 of this Order may apply on 7 days’ written notice to the parties to have that part of the Order set aside or varied.
  4. The defendant’s application for a stay is refused.
  5. Any acknowledgment of service and summary grounds of defence shall be filed and served no later than 4pm on Monday, 19 December 2022.

Reasons

  1. I agree with the claimant that, in the circumstances, the application for a stay runs counter to the principles enunciated in the Administrative Court Guide 2022 . I can detect no good reason for departing from those principles. Whilst I accept that the nature of the relevant legislation is such that, absent a specific refusal by the defendant, consent is assumed to be given, the claimant has proposed a way of dealing with that issue.
  2. The practical effect of the stay application is that the defendant has already had additional time. It should now file and serve its AoS in short order; or else seek to bring this judicial review to an end.