AAR -v- London Borough of Croydon & another (anonymity order)

King's Bench DivisionAnonymity Order

Case number: KB-2024-000318

In the Royal Courts of Justice
King’s Bench Division

26 April 2024

Before:

Master Dagnall sitting in private

Between:

AAR

-v-

(1) The London Borough of Croydon
(2) The Governing Body of St Joseph’s College

……………………………………………………………………………………………………………………………………………………………………………………….

ORDER

UPON the Application of the Claimant (“the Application”) made by Notice of
Application dated 15 March 2024 And without a Hearing or Notice of the
Application having been served upon the Defendants

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

AND UPON Court considering the Notice of Application and the accompanying
draft order sought by it and the evidence in support AND THAT:

  1. The action is one which is likely to attract significant media attention and
    publicity.
  2. The action relates to events which occurred when the Claimant was a child
    and to matters which do or may attract statutory anonymity and provisions
    against publication of the identity or address/location of the Claimant and
    their family
  3. Publicity revealing the identity or address/location of the Claimant could
    unfairly damage the interest of the Claimant and their family and give rise
    to serious harm to the Claimant or their family.
  4. The Claimant in this matter does not wish to disclose to the Defendant
    details as to their address/location owing to the nature of this case, and
    that such disclosure could give rise to a risk of serious harm to the
    Claimant or their family.
  5. Non-disclosure of the identity of and anonymity of the Claimant and of their
    family and of their addresses/locations is necessary in order to protect the
    interests of the Claimant and to secure the proper administration of justice.
  6. The Claimant’s identity and address/location ought to be withheld from the
    public and should not be published, and that the Court should allow these
    prohibitions and give consequential directions, and that such prohibitions
    are necessary to secure the proper administration of justice
  7. It is necessary to sit in private to secure the proper administration of
    justice, and including because publicity would subvert the purpose of the
    Application and this Order.

    AND pursuant to the section 11 Contempt of Court Act 1981, section 6 of the
    Human Rights Act 1998, Civil Procedure Rules 1998 rules 1.1, 1.2, 3.1, 3.3, 3.10,
    5.4 A-D and 39.2 and the inherent jurisdiction of the Court.

    IT IS ORDERED AND DIRECTED THAT:-
    1. The identity and the address/location of the Claimant and of their family be
    not disclosed or published without the permission of the court (other than
    as required for the purposes of the carrying on of this action).
    2. There be substituted for all purposes in this action in place of references to
    the Claimant by name, and whether orally or in writing, reference to the
    sequence of characters, “AAR” and the Claimant shall be described in all
    statements of case and other documents to be filed or served in the
    proceedings and in any judgment or order in the proceedings and in any
    report of the proceedings by the press or otherwise as “AAR”.
    3. The address of the Claimant 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.
    4. That insofar as necessary, any statement of case or other document
    disclosing the Claimant’s name or address already filed in the proceedings
    be replaced by a document describing such name or address in
    anonymised form as above (and in the meantime shall be kept
    confidential), and the Claimant’s solicitor shall file with the court such
    copies of such documents adjusted so as to comply therewith.
    5. The Claimant has permission to redact from the Claim Form and any
    witness statement or other document which may be served upon the
    Defendant any statement of the Claimant’s address/location.
    6. The original of any such statement of case or other document disclosing
    the name or address/location of the Claimant (and in particular any Claim
    Form, or any statement of case, judgment, Order or other document to
    which anyone might have access to pursuant to Rule 5.4 A-D or otherwise
    at any time) are to be retained by the Court in a sealed envelope, marked
    “Not to be opened without the permission of a Judge or Master or District
    Judge of the King’s Bench Division”, or, if electronically filed or scanned,
    shall be placed on the court file and marked “confidential: not to be opened
    without the permission of a Master or High Court Judge”.
    7. Any person not a party to this action may not inspect or obtain a copy of any
    document on or from the Court file (other than this order duly anonymised as
    directed) and whether pursuant to Part 5.4 A-D of the Civil Procedure Rules or
    otherwise, without the permission of a Judge or Master of the King’s Bench Division.
    Any application for such permission must be made on notice to the Claimant and the Court will effect service. The Court file is to be retained by the Court and marked “Anonymised”.
    8. The reporting restrictions apply as to the disclosing of any information that
    may lead to the subsequent identification of the Claimant. The publication
    of the name or address/location of the Claimant or of any member of the
    Claimant’s immediate family is prohibited.
    9. The Claimant must serve a copy of this Order and of the Notice of
    Application upon the Defendants and otherwise comply with CPR Rule
    23.9 within three days of service of this Order upon them.
    10. The Defendants may apply under CPR Rule 23.10 and CPR3.3(5) to set
    aside or vary this Order within seven days of service of it upon them.
    11. This Order shall be further considered at the first hearing in this matter.
    12. Any non-party affected by this Order may apply on notice to all parties to
    have this Order set aside or varied.
    13. The Claimant has permission to apply to set aside or vary this order.
    14. A copy of this Order shall be published on the judicial website of the High
    Court of Justice specifying that the Claimant shall be referred to as AAR
    15. The costs of the Application are reserved.