DH -v- Operrator Of Prison A (anonymity order)
Claim No: H01CL734
General Form of Judgment or Order
In the County Court at Central London
Date: 11/03/2022
Before:
Deputy District Judge Cheunviratsakul
Between:
DH
-v-
OPERRATOR OF PRISON A
ORDER
Before Deputy District Judge Cheunviratsakul sitting at the County Court at Central London, Thomas More
Building, Royal Courts Of Justice, Strand, London, WC2A 2LL.
UPON reading the Claimant’s application notice dated 22 December 2021 and the evidence in support namely
a witness statement with exhibits
AND UPON the Defendant confirming that they do not object in principle to the Claimant being granted
anonymity
AND UPON the Claimant having issued a claim against the Defendant arising out of her treatment while detained
at Prison A including strip searches, interference with religious items and observance, interference with legally
privileged correspondence and victimisation
AND UPON the Claimant being a relatively high-profile prisoner a result of her offence and the offences of
family members which were widely publicised
AND UPON consideration of the Claimant’s Article 3 right to be protected from inhuman and degrading
treatment, her Article 8 right to respect for private and family life, and the rights of others pursuant to Article
10 right to freedom of expression
AND UPON it appearing that non-disclosure of the identity of the Claimant the Defendant and Prison A is
necessary in order to protect the interests of the Claimant which would otherwise be harmed and to secure the
proper administration of justice
AND PURSUANT to section 11 of the Contempt of Court Act 1981 and CPR5. 4C, 5.4D, 39.2(4) and 39.2(5)
IT IS ORDERED THAT
1. The Clamant is granted anonymity in these proceedings and her identity shall not be disclosed
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 the Claimant, 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 the Claimant.
3. In any judgment or report of these proceedings, or other publication (by whatever medium and whether orally
or in writing) in relation thereto:
a. References to the Claimant’s name shall be replaced with “DH”
b. References to the Defendant’s name shall be replaced with “Operator of Prison A”.
c. References to the prison at which the treatment complained of took place shall be replaced with “Prison A”.
4. The address of the Claimant shall be stated in all statements of case and other documents to be filed or served
in the proceedings as the address of the Claimant’s solicitors.
5. A non-party may not inspect or obtain a copy of any document from the Court file without permission of the
Court. Any such application for permission must be made on at least 14 days’ notice to the Claimant and the
Court will effect service.
6. To the extent necessary to protect the Claimant’s identity in the documents on the Court file in the event of
an application under paragraph 5, any references in such documents, whether to persons, places or otherwise, be
anonymised appropriately, with permission to the parties to apply in default of agreement as to the manner of
such anonymisation.
7. The Court file shall be clearly marked to indicate that an anonymity order is in place.
8. This Order shall not restrict communication and sharing of information and documents (including Court
documents) between the Defendant and the Category A Team of Her Majesty’s Prisons and Probation Service
for the purpose of these proceedings.
9. This Order shall be reviewed at the pre-trial review so that any further directions for anonymity at trial, including
the manner of anonymisation, may be considered.
10. A copy of this order shall be published on the website of the Judiciary of England and Wales. For that purpose,
a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.
11. A non-party affected by this order may apply on at least 7 days’ notice to all the parties to set aside or vary
this order.