Skip to main content

A -v- Royal Borough of Kensington and Chelsea & Secretary of State for Housing (anonymity order)

Claim No G40CL028

IN THE COUNTY COURT AT CENTRAL LONDON

12 March 2020

 

Before:
Her Honour Judge Backhouse

Between:

A

-v-

The Royal Borough of Kensington and Chelsea
and
Secretary of State for Housing, Communities and Local Government

 


 

ORDER

UPON hearing counsel for the Appellant, and the Respondents not attending nor being represented,

AND UPON the Court reading the First Respondent’s email sent to the Court on 11 March 2020,

AND UPON the Court considering the Second Respondent’s email and letter to the Court sent on 11 March 2020 which confirm that he does not oppose the applications for an anonymity order, to join the Second Respondent and to transfer the appeal to the High Court,

AND UPON the Appellant’s counsel, at the direction of the Judge, telephoning the First Respondent’s solicitor from Court, and the solicitor confirming by telephone that the First Respondent does not oppose the applications for anonymity, joinder of the Secretary of State for Housing, Communities and Local Government and transfer to the High Court,

AND UPON the purpose of the hearing being set out in the order made on 19 February 2020, and not to consider extending time for the appeal as stated in the Notice of Appeal, the appeal having been filed in time,

AND UPON the Court being satisfied that the Appellant has a legitimate fear of danger from her ex-partner and/or his friends and family, that it is necessary for her anonymity to be continue, and that the balance of interests lies in favour of anonymity,

AND UPON consideration of the Claimant’s Article 8 right to respect for her private and family life and the Article 10 right to freedom of expression

AND PURSUANT TO CPR39.2(4), CPR5.4A-5.4D and s11 Contempt of Court Act 1981

AND NOTING CPR39.2(5) which requires that a copy of this order is published on the website of the Judiciary of England and Wales

IT IS ORDERED THAT:

1. The identity of the Appellant and her daughter shall not be disclosed. The Appellant and her daughter be described as “A” (for Appellant) and “D” (for the Appellant’s daughter)

a. in all statements of case and other court documents filed or served in the proceedings;
b. in any judgments or orders in the proceedings;
c. in any cause lists;
d. in any report of the proceedings by the Press; and
e. in any other similar documents.

2. The court file shall be marked ‘Anonymised’. A non-party may not inspect or obtain any document from the court file unless it has been anonymised by editing the document to refer to the Appellant as “A” and her daughter as “D” and to remove their address.

3. No person may publish any material, including a report of these proceedings, that is likely to identify (whether directly or indirectly) the Appellant or her daughter.

4. Any non-party affected by this order may apply on notice to the parties to set aside or vary this order.

5. The appeal shall be transferred to the Central Office, Queen’s Bench Division, Royal Courts of Justice for the attention of the Judge in charge of the Lists.

6. The Secretary of State for Housing, Communities and Local Government shall be joined to the appeal as the Second Respondent.

7. Costs in the appeal.

Related links

Sign up for alerts

Judgments archive

Judgments published on the judiciary website before 2012 can now be found on The National Archives web archive

Judgment Archive