AA and others -v- The Royal Borough of Kensington & Chelsea and others (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: QB-2020-004651

In The High Court Of Justice
King’s Bench Division

28 March 2023

Before:
Senior Master Fontaine

Between:
AA and others
-v-
The Royal Borough of Kensington & Chelsea and others

Anonymity Order

BEFORE Senior Master Fontaine sitting at the High Court of Justice, Kings Bench Division, on 28 March 2023.

UPON considering the application notice on behalf of the Claimant named in the Schedule dated 24 March 2023

AND UPON:

  1. Consideration of the Article 8 rights of the Claimant to respect for private and family life, and the Article 10 right to freedom of expression.
  2. It appearing that non-disclosure of the identity of the Claimant is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
  3. The Defendants having approved a Schedule of Claimants in which the Claimant is anonymised by the means sought in this order..
  4. The Defendants having been sent a copy of the application notice.

AND PURSUANT to section 6 of the Human Rights Act 1998; and CPR rules 5.4C, 5.4D and 39.2(4).

IT IS ORDERED that:

  1. The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
  2. The name of the Claimant in the confidential schedule attached to this order be replaced by the cypher stated therein.
  3. Pursuant to CPR Rules 5.4C and 5.4D:
    a. A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 2 above.
    b. If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(1B) or (2)) for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
  4. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 28 March 2023 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. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
  6. Pursuant to the ‘Practice Guidance:  Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk).  For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.
  7. The costs of obtaining this order be costs in the case.

EXPLANATORY NOTE

The order defines the scope of ‘publication’ and makes clear that it is a communication which is “addressed to the public at large or any section of the public”. Set out below is a non-exhaustive list of examples of communications and records which would not constitute publication within the meaning of this order (providing always that proper steps are taken to protect the confidentiality of information from being made public). In this list references to ‘the anonymised party’ include that party’s appointed representatives and advisers, such as solicitor, Litigation Friend, attorney, trustee and deputy.

(i) Communications between the Court Funds Office and the anonymised party in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money.
(ii) Communications between the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of the Claimant’s money.
(iv) Retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
(v) Communications between the Defendant(s), their insurers, or their successors in title and their legal and professional advisers, reinsurers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law.
(vi) Communications between the anonymised party’s representatives and advisers in managing that party’s affairs.
(vii) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.
(viii) Communications by or on behalf of a paying party for the purposes of ascertaining whether the anonymised party is alive, so entitled to continuing periodical payments.