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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-000076

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

15 January 2024


The Honourable Mr Justice Linden


The King on the application of


Secretary of State for the Home Department


On an application by the Claimant dated 8 January 2024
Following consideration of the documents lodged by the Claimant

ORDER by the Honourable Mr Justice Linden

1. By 4pm on Friday 26 January 2024, the Defendant will file and serve his Acknowledgment of Service including his position on the question of expedition and any proposed directions in relation to the Claim.

2. If reasonably practicable, the papers will be put before a judge for consideration of directions and, if appropriate, permission, in the week commencing 29 January 2024.

3. Pending further order:
a) The Claimant will be referred to in these proceedings as ZW.
b) Pursuant to CPR rule 39.2(4) there shall not be disclosed in any report of the proceedings the name or address of the Claimant or any details leading to the identification of the Claimant and the Claimant, if referred to, shall only be referred to as ZW.
c) Pursuant to CPR rule 5.4C a person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the court records only if the statement of case, judgment or order has been anonymised such that: (a) the Claimant is referred to in those documents only as ZW; and (b) that any reference to the name of the Claimant be deleted from those documents.
d) Any person affected by this part of the Order may apply on notice to all parties to have this Order set aside or varied.

4. Liberty to apply on notice.

5. Costs reserved.


1. There is a degree of confusion as to what Order the Claimant is seeking at this stage (and perhaps in the Claim) as between the N244 on the one hand and the Statement of Facts and Grounds and the draft order on the other. Also, the draft order was not included with the N244 and therefore had to be requested by the ACO when I looked at the papers on Friday 12 January 2024. I have worked on the basis that the draft order sets out the relief which I am asked to grant.

2. For future reference, given that the application included an application for abridgment of the time for filling and serving the Acknowledge of Service to 14 days from the date of the Order, it ought to have been by way of a N463. Given that the Acknowledgment of Service is due within 21 days of service of the Claim Form in any event, unless there was a delay in serving the Claim Form, consideration of the application more than 7 days after it was issued would mean that there was no need for that part of the relief sought. Nevertheless, I have made the Order set out above.

3. I also note that there is currently no evidence that the care which the Claimant is receiving in relation to his mental health and other issues cannot or would not be provided in London. Brighton and Hove Wellbeing Service suggest, in their letter of 1 December 2023, that what is needed is a single occupancy room.