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

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: CO/4801/2022

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

25 January 2023

Before:

Dan Squires KC sitting as a Deputy High Court Judge

Between:

The King on the application of
YH

-v-

Secretary of State for the Home Department

and

Salvation Army (interested party)

On an application by the Claimant for expedition and anonymity
Following consideration of the documents lodged by the Claimant

ORDER by Dan Squires KC sitting as a Deputy High Court Judge

  1. The papers should be placed before a Judge for a decision on permission 21 days after (a) an Acknowledgment of Service has been filed by the Defendant or (b) the expiry of the 21 day period for filing an Acknowledgment of Service, whichever is the earlier.
  2. Identification of the Claimant is prohibited, pursuant to CPR r.39.2, and the Claimant is to be known as YH throughout these proceedings.
  3. The proceedings shall be known as R (YH) v Secretary of State for the Home Department.
  4. There be substituted for all purposes in this case, in place of references to the Claimant by name, and whether orally or in writing, references to YH.
  5. In so far as necessary, any statement of case or other document disclosing the Claimant’s name already filed in the proceedings be replaced by a document describing such name in anonymised form as above.
  6. So far as any document to which any person might have access pursuant to CPR Rules 5.4A-D at any time does not comply with the above, the Claimant’s solicitor has leave to file with the Court copies of such documents adjusted so as to comply. Such copies are to be treated for all purposes as being in substitution for the relevant originals.
  7. Pursuant to CPR Rules 5.4C and 5.4D, a person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment, Order or other document from the Court records without the permission of a Judge and unless the document has been anonymised in accordance with the direction above.
  8. An application to obtain a document as above must be made on notice to the Claimant and other parties (the Court will effect service).
  9. The Court file shall be clearly noted with the words “An anonymity order was made in this case on 25 January 2023 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.”
  10. Pursuant to CPR 39.2 there shall be no publication of the name or address of the Claimant or any particulars of the case likely to lead to the identification of the Claimant without the leave of the court.
  11. An application to set aside or vary this order may be made on notice to all parties.

Reasons

1. I consider that a degree of expedition is appropriate given the Claimant’s vulnerability and the ongoing impact on him of the matter under challenge. The Judge considering permission can determine whether a further order of expedition is appropriate in the light of his/her conclusion on permission and any submissions made by the Defendant and/or Interested Party on expedition.

2. I consider that anonymity is appropriate in this case given that the Claimant has made an allegation that he is the victim of trafficking and because of his vulnerability more generally, as well as the private nature of much of the evidence in the case.