Secretary of State for the Home Department v KIB
| Court | King's Bench Division (Administrative Court) |
| Judge | Mr Justice Johnson |
| Neutral Citation | [2024] EWHC 2812 (Admin) |
| Date | 05 November 2024 |
| Year | 2024 |
| Counsel | Lisa Giovannetti Kc |
Neutral Citation Number: [2024] EWHC 2812 (Admin)
Case No: AC-2024-LON-003602
IN THE HIGH COURT OF JUSTICE
KING’S BENCH DIVISION
ADMINISTRATIVE COURT
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 5 November 2024
Before :
MR JUSTICE JOHNSON
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Between :
SECRETARY OF STATE FOR THE HOME DEPARTMENT Applicant
- and -
KIB Respondent
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Lisa Giovannetti KC (instructed by the Government Legal Department) for the Applicant
Hearing date: 31 October 2024
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Approved Judgment
This judgment was handed down by release to The National Archives on 5 November 2024
MR JUSTICE JOHNSON
Approved Judgment
SSHD v KIB
Mr Justice Johnson:
1. On 30 October 2024, the Secretary of State applied for an anonymity order in respect
of the respondent. The application is made pre-action, without notice to the
respondent, and seeks the imposition of the order with a degree of urgency and
without a hearing. The order sought prevents the respondent (and anyone else) from
publicising that the respondent is subject to these proceedings. It also prevents the
respondent (and anyone else) from publicising the town where the respondent lives. If
the respondent breaches the order they are liable to imprisonment, albeit there is no
penal notice. I was told that such an order is “not unusual” and I was shown examples
of such orders in other cases, but not any reasoned judgment for the making of such
an order.
2. I considered that the application potentially raised issues that merited oral argument. I
listed a hearing, to be held in public (at least in part), but without notice to the
respondent and with the respondent’s name ciphered on the court list, to enable the
issues to be ventilated. Lisa Giovannetti KC attended a hearing at short notice, on 31
October 2024, and made submissions on behalf of the Secretary of State in support of
the application. I am grateful for her considerable assistance.
The order that is sought
Original form of draft order
3. The application seeks the following draft order:
“1. The Respondent, [Name given], is to be identified only
as KIB for the purpose of these proceedings.
2. Nothing shall be published that would or would tend to
identify the Respondent as being subject, by notice (a
“TPIM notice”), to terrorism prevention and
investigation measures. This prohibition shall include,
but not be limited to, information that would or would
tend to identify the locality, town and/or address at
which the Respondent is residing or has resided while
subject to a TPIM notice; and information that would
or would tend to indirectly identify the Respondent by
identifying family members as being the relatives of a
person subject to a TPIM notice.
3. The information referred to at paragraph 2 above shall
be known as “the Prohibited Information”.
4. “Published”, as used in paragraph 2, refers to the:
a. Dissemination of the Prohibited Information to
the public, or any section of the public, by way
of newspaper, magazine, leaflet, journal or in
any other paper form;
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