CH and RH -v- Rhondda Cynon Taff County Borough Council (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Case Number: KB-2023-CDF-000096.

In The High Court Of Justice
King’s Bench Division
Cardiff District Registry

29 September 2023

Before:
District Judge Bayoumi

Between:
(1) CH
(by their litigation friend the Official Solicitor)
(2) RH
(by their litigation friend the Official Solicitor)
-v-
Rhondda Cynon Taff County Borough Council

Order

UPON reading the Claimants’ Application Notice dated 26 September 2023 and the accompanying Witness Statement of the Claimants’ solicitor
AND UPON consideration of the Claimant’s Article 8 right to a private and family life and the Article 10 right of freedom and expression

AND UPON IT APPEARING that the case is likely to attract publicity and that revealing the identity of the Claimants is likely to unfairly damage the interests of justice and that, accordingly, publication of details revealing the identity of the Claimants ought to be prohibited

AND PURSUANT TO s11 Contempt of Court Act 1981 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2(4)

IT IS ORDERED THAT:

  1. The identity of the Claimants be not disclosed.
  2. There be substituted for all purposes of his case, in place of references to the Claimants by name, and whether orally or in writing, reference to the letters “CH” and “RH”.
  3. To the extent necessary to protect the identity of the Claimants, any other references, whether to persons or places or otherwise, be adjusted appropriately, with permission to the parties to apply in default of agreement as to the manner of such adjustments.
  4. So far as the Claim Form, or any Judgment or Order, or any other document to which anyone might have access pursuant to CPR Rule 5.4A-D at any time does not comply with the above, the Claimants’ solicitor has leave to file with the Court copies of such document adjusted so as to comply therewith. Such copies are to be treated for all purposes as being in substitution for the relevant originals; and the originals shall be clearly marked with the words “An anonymity order was made in this case on [date of this Order] 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”.
  5. A non-party may not inspect or obtain the copy of any document from the court file without the permission of a Judge. Any application for such permission must be made on notice to the Claimants (the court will effect service). Such file is to be retained by the court and marked “PRIVATE”.
  6. A non-party may not obtain any copy statement of case or any other document from the court file unless it has been anonymised in accordance with this direction.
  7. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the parties.
  8. The Claimants have permission to issue the claim form giving the address of their solicitors in place of their residential address. The Court file shall be clearly marked with the words “An anonymity order was made in this case on [date of this Order] 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”.
  9. The Defendant has the right to make an application on notice to set aside or vary this order. Any such application must be made within 7 days after service of this order.
  10. Any non-party affected by this order may apply on notice to set aside or vary this order.
  11. Costs in the case.