WZ -v- Secretary of State for Defence (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-001557

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

30 July 2024

Before:

The Honourable Mrs Justice Lang DBE

Between:

The King on the application of
WZ

-v-

Secretary of State for Defence

Order

On the Claimant’s application for permission to apply for judicial review, an anonymity order and an order for expedition;

On the Defendant’s application to defer determination of the permission application until the conclusion of any closed material proceedings under sections 6 and 8 of the Justice and Security Act 2013 (‘JSA 2013’) and CPR r.82.22 and CPR r.82.13;

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 “WZ”.
  2. No later than 14 days after service 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 claim is to be expedited and it is deemed fit for vacation business.
  5. No later than 21 days after service of this order, the Defendant shall:
    a. either apply (i) pursuant to section 6 JSA 2013 and CPR r.82.22 for a declaration that these are proceedings in which a closed material application may be made; and (ii) pursuant to section 8 JSA 2013 and CPR r.82.13 for permission to disclose sensitive material to the Court and Special Advocates alone;
    b. or notify the Court and the Claimant that he does not intend to make the applications at 5(a) above.
  6. If the Defendant makes the applications under paragraph 5(a) of this order, the determination of the application for permission shall be deferred until the conclusion of those applications.
  7. If the Defendant notifies the Court, under paragraph 5(b) of the order, that he does not intend to make the applications under paragraph 5(a) of the order, the application for permission shall be determined by a Judge on the papers within 14 days of that notification by the Defendant.
  8. Costs reserved.

Reasons

  1. I have granted an anonymity order. The Claimant is at risk of harm in Afghanistan. In the circumstances, a departure from the general principle of open justice is justified.
  2. The Claimant applied for expedition when the claim was filed and issued on 8 May 2024. The Claimant and his family are at risk from harm at the hands of the Taliban because of the Claimant’s work with the coalition forces in Afghanistan, and therefore his application should be expedited.
  3. The Defendant informed the Court that he was considering making closed material applications under JSA 2013 when he filed his Acknowledgment of Service on 26 June 2024 and asked for a deferral of the determination of permission. I have granted the deferral, but the Defendant must now proceed with the closed material applications as swiftly as possible or notify the Court and the Claimant that he does not intend to do so.