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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/1986/2023
AC-2023-LON-001675

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

21 December 2023

Before:

The Honourable Mrs Justice Lang DBE

Between:

The King on the application of
XB

-v-

Secretary of State for the Home Department

Order

On the Defendant’s application for a declaration under section 6(2) of the Justice and Security Act 2013 that these proceedings are proceedings in which a closed material application may be made to the Court
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 her identification. In the proceedings, the Claimant shall be anonymised and referred to as “XB”.

2. The Defendant’s application for a declaration under section 6(2) of the Justice and Security Act 2013 is to be determined at an oral hearing, before a High Court Judge, on a date to be fixed. Time estimate: 2½ hours.

3. Pursuant to the provisions of CPR 82.13, which include the appointment of a special advocate, the Defendant has permission to withhold the following sensitive material from the Claimant (i) the CLOSED statement of reasons supporting the Defendant’s application; and (ii) the material which formed the basis of the Defendant’s decision to deny passport facilities, and which is the subject-matter of the Defendant’s application under section 6(2) of the Justice and Security Act 2013.

4. The parties are to file and serve proposed case management directions for the future conduct of the claim, to be considered at the hearing.

5. Costs reserved.

Reasons

1. I have granted an anonymity order. The serious nature of the allegations against the Claimant may put her at risk from members of the press or public. In the circumstances, a departure from the general principle of open justice is justified.

2. The Defendant has applied for an oral hearing of his application for a declaration under section 6(2) of the Justice and Security Act 2013. He has indicated that a Special Advocate is to be appointed.

3. I have granted permission to the Defendant to withhold the material identified in paragraph 3 of the order as it would defeat the purpose of the application under section 6(2) to disclose such material to the Claimant and her legal representatives at this stage.

4. The determination of the application for permission to apply for judicial review has to be deferred pending the outcome of this application.