Witness IIA126 -v- Chair of the Independent Inquiry Relating to Afghanistan (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON-002497

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

In the matter of an application for judicial review

14 August 2025

Before:

The Hon. Mr Justice Chamberlain

Between:

Witness IIA126
(Claimant)

-v-

Chair of the Independent Inquiry Relating to Afghanistan
(Defendant)

and

Secretary of State for Defence
(Interested Party)

Order

On applications:

(1) by the Claimant for anonymity and directions; and

(2) by the Royal Military Police to be added as an Interested Party and for directions as to costs

Following consideration of the documents lodged by the Claimant, the Defendant, the Interested Party and the Royal Military Police (“RMP”)

ORDER BY THE HON. MR JUSTICE CHAMBERLAIN

  1. Reservation: Any application in this case, including but not limited to the application for permission to apply for judicial review, is to be determined by the Judge in Charge of the Administrative Court or a judge or judges nominated by him.

2. Anonymity:

(a) Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction and/or s. 6 of the Human Rights Act 1998:

(i) the Claimant’s name is to be withheld from the public and must not be disclosed in any proceedings in public; and

(ii) the Claimant is to be referred to orally and in writing as “Witness IIA126”.

(b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or of any matter likely to lead to the identification of the Claimant in any report of, or otherwise in connection with, these proceedings.

(c) The Claimant has permission to file these proceedings using the cipher “Witness
Z”.

(d) The Claimant must within 7 days of the date of this Order re-file the Claim Form and Statement of Facts and Grounds using the cipher “Witness IIA126”.

(e) All further statements of case must refer to the Claimant by the cipher “Witness IIA126”.

(f) If any statement of case subsequently filed includes information likely to lead to the identification of the Claimant, a redacted copy omitting that information must be filed at the same time.

(g) Pursuant to CPR 5.4C(4), unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any statement of case.

(h) Any person seeking to vary or discharge any part of this Order must make an application, served on each party, and the application is not to be referred to the judge until the expiry of 48 hours after the application has been served.

  1. RMP application: The application is adjourned to be considered at the same time as permission, once the AoS and Reply have been filed.

REASONS

Anonymity: The Claimant has advanced a strong prima facie case that identification would endanger his life. I am satisfied that the matters set out in the Defendant’s response do not make it inappropriate to order anonymity at this stage. The use of the cipher “Witness IIA126” will enable an application to vary or discharge the order to be made if it transpires that the Claimant’s identity is already in the public domain. I will consider any such application if and when it is made.

RMP application: Whether an applicant is “directly affected” (in the sense identified in the case law), and so entitled to be joined as an interested party, is better decided once the issues in dispute are clear, after the Defendant has served his AoS and the Claimant has replied.

Signed: MR JUSTICE CHAMBERLAIN
Date: 14/08/25