XNG and others -v- The Home Office (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: KB-2023-003413

In the High Court of Justice
King’s Bench Division

2 August 2024

Before:
Master Dagnall

Between:
XNG and Others
-v-
The Home Office

Anonymity Order

Before Master Dagnall sitting at the Royal Courts of Justice on 2 August 2024

UPON HEARING Ms Patyna of Counsel for the Claimants, Ms Masood of Counsel for the Defendant, and Mr Pilgrim (Deputy Law Editor at the Press Association) and Ms Taylor (Journalist at the Guardian)

AND UPON considering the Claimants’ application notice dated 9 April 2024 (“the application”), the evidence of Ms Prathepan dated 9 April and 18 July 2024 and Ms Patyna’s skeleton argument dated 25 July 2024

AND UPON the Claimants having on 7 June 2024 notified the Press Association of their applications for anonymity

AND UPON:
(1) The Defendant, the Press Association and Ms Taylor having stated their neutrality to the making of the order and there being no other representations from the press or any other interested party;
(2) Consideration of the Article 8 rights of each of the Claimants to respect for private and family life, and the Article 10 right to freedom of expression;
(3) It appearing that non-disclosure of the identity of each of the Claimants is necessary to secure the proper administration of justice and in order to protect the interests of each of the Claimants and those associated with them, and that there is no sufficient countervailing public interest in disclosure.

AND PURSUANT to section 6 of the Human Rights Act 1998 and CPR rules 5.4C, 5.4D and 39.2(4)

WHEREAS for the purposes of this order:
(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.
(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.

IT IS ORDERED THAT:

  1. The identity of each of the Claimants as parties to these proceedings is confidential and shall not be published.
  2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of any of the Claimants, the Claimant’s Litigation Friends (if applicable) or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of any of the Claimants in these proceedings.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (i) The title of the claim shall continue to appear as XNG & OTHERS v the Home Office.
    (ii) The individual Claimants shall be referred to by the cipher which is assigned to them on the Schedule of the claim form (C1, C2. etc.)
    (iii) The Litigation Friends of those Claimants who are represented by Litigation Friends shall be referred to as the cipher mentioned at (ii) above, if they are also one of the Claimants in the claim.
    (iv) Any other details which, on their own or together with other information publicly available, may lead to the identification of any of the Claimants (including any names of other immediate family members or their addresses) shall be redacted before publication.
  4. Pursuant to CPR Rules 5.4C and 5.4D:
    (i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (iv) above.
    (ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(1B) or (2)) for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimants’ solicitor.
  5. The Claimants’ solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 23 August 2024, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 2 August 2024 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
  7. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Claimants’ solicitor or deputy.
  8. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.
  9. This order shall be reconsidered, whether or not reconsideration has occurred before, by the trial judge, to the extent considered necessary by the judge.
  10. As to the costs of the application:
    (a) in relation to 50% of the costs of the hearing on 28 May 2024, there shall be no order as to costs;
    (b) costs shall otherwise be in the case.